Home Oil claims Millstadt One Stop breached contract

Ann Knef Jun. 4, 2008, 9:23am

Home Oil Company of Belleville, Inc. is suing Millstadt One Stop for breach of contract, according to a suit filed June 2 in St. Clair County Circuit Court.

Home Oil claims that Millstadt One Stop tenant Paul J. Buttice owes $46,752.15 on an unpaid balance plus interest, costs and attorney's fees.

The complaint states that according to contract Home Oil owned and supplied all fuel in all of the tanks at 500 East Washington in Millstadt and Millstadt One Stop was to pay the total retail price of all the fuel that was dispensed through the pumps twice a week. Millstadt One Stop also was responsible for all credit card charges, the complaint states.

"That defendant materially breached said contract by failing to make payment and/or reimburse Home Oil for fuel supplied pursuant to said contract during July and August of 2007," the complaint states.

Home Oil is represented by Shane M. Moskop of Freeark, Harvey, Mendillo, Dennis, Wuller, Cain & Murphy in Belleville.

"After the execution of said contract, defendant made false representations to plaintiff that various charge account customers had failed to make payment to defendant and that was why defendant was not making timely payments to the plaintiff during July and August of 2007," the complaint states.

"Said statements were false and untrue, and in fact, the defendant was receiving payments from various charge account customers and rather than pay plaintiff, was using said funds for his own personal use."

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