Contracting company accuses three men of soliciting work for themselves using company assets

By The Madison County Record | May 5, 2015

A Madison County contracting company and its owner is suing three contractors for allegedly using its identity and materials to solicit work for themselves.

Jerry Yeager and Ultimate of Illinois Inc. filed a lawsuit April 23 in Madison County Circuit Court against James Killian Simmons, Robert Thornton and Robert Childress, alleging breach of duty and fraud.

According to the complaint, all three defendants contracted to work for Ultimate in its home repair and roofing business. The plaintiffs claim the defendants failed to remit funds including deposits and payments, withdrew unauthorized funds without notification, failed to complete work and generally stole assets from the plaintiffs totaling thousands of dollars.

The suit states that instead of working for the plaintiffs, the defendants solicited jobs for themselves, using the plaintiffs’ roofing license, phone number, motor vehicles and general identity.

The plaintiffs allege unjust enrichment, damaged reputation and faulty and/or incomplete work.

Yeager and Ultimate of Illinois seek compensation in excess of $50,000, punitive damages in an amount equal to 10 times the compensatory damage, attorney fees and costs. They are represented by attorney Thomas Maag of Maag Law Firm in Wood River.

Madison County Circuit Court case number 15-L-502

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