Boater takes on bowler in court

Steve Gonzalez Feb. 14, 2006, 9:21am

Two prominent St. Clair County business owners will battle it out in St. Clair County Circuit Court over a real estate deal gone awry.

Ken Cope, owner of Cope Marine in O'Fallon filed suit against Philip Kammann, owner of St. Clair Bowl in O'Fallon, Bel-Air Bowl in Belleville, and Montclaire Bowl in Edwardsville Feb. 8, claiming that on July 14, 2004, the two entered into a real estate agreement.

The complaint does not state an address.

Cope claims he did everything the contract required, but that Kammann breached the contract by allowing the removal of all the restaurant equipment that was in place at the time of the contract and allowed the removal of a three-ton air conditioning unit and all refrigeration equipment.

Cope also claims that a 15-foot by 8-foot building that housed the freezers for the restaurant also was removed along with all the of ventilation equipment.

According to Cope, the value of everything that was removed was in excess of $35,000.

"Kammann has breached the contract for sale of real estate and has failed and refused to allow a reasonable credit on the purchase price for the items removed," the complaint states.

"Ken Cope has stood ready, willing and able to complete the contract for sale of commercial real estate after appropriate credit."

Cope is represented by Harry Sterling of Sterling & Dowling of Fairview Heights.

Cope is seeking a judgment in excess of $50,000, plus all costs of the suit and attorneys fees, plus a judgment for a decree of reformation of the contract to provide a credit for the items removed from the premises.

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