Breach of contract claimed in Storeyland suit

Ann Knef Apr. 12, 2007, 6:00am

A breach of contract and consumer fraud lawsuit was filed against Michael Storey and his business Storeyland Mobile Homes for failing to follow through on a contract for purchase of a generator set.

The plaintiff, C5 International LLC, claims it paid a $25,000 deposit for a Cummins/Onan 350KW generator set on Sept. 11, 2006, but it never received the goods.

According to the lawsuit filed April 9 in Madison County Circuit Court, not only did the plaintiff not receive the generators, the defendant's check for the refund of the payment was returned due to insufficient funds.

Represented by Lanny Darr of Schrempf, Blaine, Kelly, Napp & Darr of Alton, C5 International claims the defendant represented that he owned the generator set.

"In reality, defendant did not own the generators and had no ability to sell the same," the complaint states. "At all times herein mentioned, defendant knew his statements were false, misleading and a suppression of material fact..."

C5 International claims it suffered monetary loss, including the loss of $25,000, loss of economic opportunities, attorneys' fees and costs.

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