PITTSBURGH – A Monroeville seafood wholesaler argues they are owed over $60,000 from a Cleveland restaurant for overdue costs relating to commercial transactions.
PSF Acquisition Company, LLC (doing business as “Land & Sea”, formerly known as “Pittsburgh Seafoods”) of Monroeville filed suit in the Allegheny County Court of Common Pleas on Oct. 10 versus STP Restaurant, Inc. (doing business as “Mallorca Restaurant of Cleveland”) and Manolo Torres, both of Cleveland, Ohio.
PSF is the largest provider of wholesale fresh and frozen seafood products in the tri-state area, while Mallorca is a fine dining restaurant specializing in Spanish and Portuguese cuisine and Torres is one of Mallorca’s owners.
On Feb. 17, 1997, PSF and Mallorca entered into a contract where PSF agreed to supply to Mallorca a variety of seafood and related food products, including scallops, shrimp and clams. Mallorca placed its orders for product by speaking with one of PSF’s sales specialist via telephone. PSF thereafter issued an invoice for product ordered, and product was delivered to Mallorca’s Cleveland, Ohio address. The agreement included a guarantee from Torres to cover all of Mallorca’s financial obligations.
Starting in December 2016, Mallorca failed to pay in full for all product ordered, according to the lawsuit. As of Aug. 18, Mallorca’s due balance accumulated to $57,198.96, plus interest and costs, but the defendants have refused to produce these amounts.
For counts of breach of contract, unjust enrichment and account stated, the plaintiff is seeking damages not in excess of $35,000 to be determined at trial, plus pre- and post-judgment interest, all costs of suit and such other relief is necessary and appropriate.
The plaintiff is represented by Justin M. Tuskan of Metz Lewis Brodman Must O’Keefe, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-17-013841
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com