PHILADELPHIA – An arbitration hearing has been slated for July in an action pitting a manufacturer and distributor of sediment control products against a construction materials firm and its owner, where the plaintiff claims the defendants owe more than $20,000 from a credit contract entered into almost five years ago.
The hearing is set for July 23 at 10:45 a.m., in the Arbitration Center at 1880 JFK Boulevard in Center City, Philadelphia.
East Coast Erosion Blankets, LLC of Bernville first filed suit in the Philadelphia County Court of Common Pleas on June 13, 2017 versus Jolinca LLC and William Rodgers, both of Philadelphia.
“On or about July 2013, defendant Jolinca LLC, entered into a credit contract with plaintiff, said contract guaranteed by defendant, William Rodgers…[the] first page of which is named Credit Application, the second page of which is a personal guarantee of business indebtedness. Under the terms and conditions of that credit contract, defendants incurred and became legally liable for the liabilities evidence by a statement of account and invoices made a part hereof. Defendants defaulted under the terms and conditions of said credit contract, as a result of, including, but not limited to, failure to pay monies due under said contract. The amount due plaintiff from defendants under said credit contract is $20,539.00,” the complaint read.
“It can be inferred from the acts of the defendants that defendants implied that they would pay the plaintiff for the merchandise rendered by the plaintiff. Under the circumstances of this case and the ordinary course of dealing and the common understanding of men and women, there is shown a mutual intention of plaintiff to provide, and defendants to pay for, plaintiff’s merchandise and services. The merchandise and/or services were delivered to defendants under the implied promise to pay. All conditions to the present action have occurred or have been performed,” the complaint continued.
For count of breach of contract and unjust enrichment, the plaintiff is seeking damages of $20,539.00, plus attorney’s fees of $1,540.00 and interest of $616.17, for a total of $22,695.17, plus court costs, all of which are justly due and owing from the defendants to the plaintiff in this matter.
The plaintiff is represented by Steven Koplove of Kraft & Kraft, in Philadelphia.
The defendants are represented by Jon C. Sirlin of Sirlin Lesser & Benson, also in Philadelphia.
Philadelphia County Court of Common Pleas case 170601275
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org