Pennsylvania Record

Sunday, October 20, 2019

84 Lumber settles breach of contract, unjust enrichment claims against Va. business owner

Lawsuits

By Nicholas Malfitano | Jun 20, 2019


84 Lumber

PITTSBURGH – A major building materials supply group recently settled a lawsuit based in charges of breach of contract and unjust enrichment against a Virginia business owner in state court.

On April 2, counsel for 84 Lumber Company, L.P. filed a praecipe to settle and discontinue the lawsuit it brought last year against proprietor Jillian Metzger. Terms of the settlement were not disclosed.

84 Lumber Company initially filed suit in the Allegheny County Court of Common Pleas on Jan. 10, 2018 versus Metzger, of Winchester, Va.

On or about March 21, 2017, defendant, which sought to purchase goods, supplies and/or work from 84 Lumber on credit, completed a commercial credit application and submitted same to 84 Lumber, the suit said. As payment for desired goods, supplies and/or work, the defendant agreed to provide compensation – but the lawsuit claims the defendant has an unpaid balance of $64,626.60.

Moreover, the agreement calls for payment of attorney’s fees and finance/late charges at a rate of 1.5 percent monthly on the unpaid balance, which amounts to $9,666.18 at the time of filing – leading to a total unpaid balance at the time of filing of $74,292.78, the suit said.

Prior to settlement and for counts of breach of contract and unjust enrichment, the plaintiff was seeking the amount of $74,292.78, with continuing finance/late charges thereon at the rate of 1.5 percent, along with attorney’s fees, costs and such other relief as the Court deems appropriate.

The plaintiff was represented by S. Manoj Jegasothy and William E. Blick of Gordon & Rees, in Pittsburgh.

Allegheny County Court of Common Pleas case GD-18-000368

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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84 Lumber Court of Common Pleas of Allegheny County

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