PHILADELPHIA – A cigarette wholesaler in Philadelphia is suing a Delaware retailer for nearly $75,000 related to outstanding costs from a number of sales transactions made between the parties.

Allen Bros. Wholesale Distributors, Inc. of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Dec. 6 against VKS Prosperity, LLC, Cigar & More Tobacco Outlet and Suraj Bhatt, all of New Castle, Del.

“On numerous occasions, plaintiff supplied defendants with various cigarette and tobacco products. As per the copies of the invoices, defendants agreed to the terms of the sale and accepted these cigarette and tobacco products. To date, defendants have not paid for the merchandise. Said merchandise was picked, packaged, and shipped from Philadelphia, PA to the defendants’ various addresses in the State of Delaware. The unpaid principal balance on defendants’ account is $74,628.88. Defendants became liable for the payment, in accordance with the terms of the invoices. Although demands therefore have been made repeatedly, defendants have refused and failed to pay the balance due, as set forth above,” the suit states.

In addition, the suit alleges the defendants attempted to fulfill the outstanding costs with a check that was later denied cashing due to insufficient funds.

 For multiple counts of breach of contract, promissory estoppel, unjust enrichment, book account, alter ego, successor liability, transferee liability, bad check and constructive fraud from dishonored check(s), the plaintiff is seeking all actual damages, plus interest of 1.5 percent per month to the date of judgment, and costs, as well as all other damages this Court deems just and appropriate.

The plaintiff is represented by Eric Rayz of Kalikhman & Rayz, in Huntingdon Valley.

Philadelphia County Court of Common Pleas case 171200450

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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