Tractor rental company seeking to recoup $68K in damages

By Nicholas Malfitano | Dec 21, 2017


PITTSBURGH – A tractor equipment rental company is pursuing legal action and financial recovery against a Pennsylvania contractor for more than $68,000 in damages.

Groff Tractor & Equipment, LLC of Cranberry Township and a corporate base in Mechanicsburg filed suit in the Allegheny County Court of Common Pleas on Dec. 13 versus R&B Contracting, of West Mifflin.

According to the lawsuit, the parties entered an agreement, whereby the defendant agreed to rent certain equipment from the plaintiff at the rental rates specifically set forth in the monthly invoices prepared by plaintiff and delivered to the defendant. Defendant used the equipment, but breached the contract by failing to remit the full amount of monthly payments spanning May-November 2017, leaving an unpaid balance of $68,085.49.

“On Nov. 30, 2017, plaintiff, by and through its attorneys, sent defendant a demand letter for the unpaid invoices. Despite this request for payment, defendant has failed to pay plaintiff for the amounts due. Plaintiff has conferred upon defendant benefits and value which defendant is not entitled to retain without payment to the plaintiff of the fair and reasonable value of such benefits. The fair and reasonable rental value of the equipment is $68,085.49. Plaintiff has been deprived of the fair and reasonable value of the equipment and has been damaged as a result of defendant’s failure to remit the $68,085.49 due and owing to plaintiff,” the suit states.

For counts of breach of contract or (in the alternative) unjust enrichment, the plaintiff is seeking damages of $68,085.49, plus additionally-incurred late charges, reasonable attorney’s fees and such other relief as the Court deems appropriate.

The plaintiff is represented by Mary D. Grenen and John B. Joyce of Grenen & Birsic, in Pittsburgh.

Allegheny County Court of Common Pleas case GD-17-017017

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

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