Owner of Washington Park fuel sales business sued for alleged insufficient funds

Kelly Holleran Sep. 18, 2012, 12:10pm


The owner of a Washington Park motor fuel sales facility claims its tenant has repeatedly failed to have sufficient funds in the account it uses to pay for fuel.

Buck's claims it entered into a dealer lease and supply agreement with defendant Terry W. Collins for the purchase and sale of branded motor fuel and the leasing of a motor fuel sales facility at 1205 S. Kingshighway in Washington Park.

On Oct. 15, 2009, both parties renewed the lease for three more years, according to the complaint filed Sept. 12 in Madison County Circuit Court.

However, since then, Collins allegedly has failed to have sufficient funds in his account to pay for the fuel, the suit states.

On Jan. 11, 2011, for example, Buck's attempted to electronically debit $25,619.48 in funds from Collins's account. The payment, though, could not be processed because the account did not contain sufficient funds, the complaint says.

Again, on Jan. 19, 2012, Buck's attempted to electronically debit $26,280.61 from Collins's account, it claims. Like before, the payment could not be made due to insufficient funds, according to the complaint.

"Buck's has suffered damages as of the date of this filing in the amount of at least $51,900 plus finance charges which will be assessed at a monthly periodic rate as provided in the agreement, plus a service and late payment charge for each electronic funds transfer which was dishonored for nonsufficient or uncollected funds as provided by the agreement," the suit states.

Buck's alleges breach of contract against Collins.

In addition to the money it says it is owed, Buck's is seeking service charges, finance charges and late fees, plus interest at the maximum rate, attorney's fees, court costs and other relief the court deems just.

F. Scott Galt of Armstrong Teasdale in St. Louis will be representing it.

Madison County Circuit Court case number: 12-L-1466.

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Organizations in this Story

Armstrong Teasdale
411 Saint Louis Street
Edwardsville, IL 62025

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