New Athens farmer claims buyer breached genetic pig contract

A New Athens genetic pig farm is suing a Minnesota corporation for refusing to honor a Weaner Pig Purchase Agreement.

According to a lawsuit filed June 12 in St. Clair County Circuit Court, South Central Management Services of Wells, Minn. was under contract to buy 4,506 qualifying pigs every nine weeks for a period of three years from CD Bell, Inc., 3310 Klein School Road in New Athens.

CD Bell operates a sow unit farrowing facility, breeding and raising specific genetic pigs for sale at that location.

The complaint states that South Central Management has breached contract, negotiated Nov. 1, 2006, by paying plaintiff $3,066 less than was agreed upon for the second of two shipments of pigs it did receive.

CD Bell also claims the defendant has failed to pay approximately $2,500 in freight expenses.

The suit claims South Central Management has been unable to pay for a shipment due on May 22 and has "given no indication to plaintiff Seller that he intends to honor the remainder of the contract," the complaint states.

"That plaintiff is losing the approximate amount of Twenty-Dollars ($20.00) per head at the present time, and anticipates losses to continue for the forseeable future," it states.

Seeking in excess of $50,000 in damages plus costs of the suit, CD Bell is represted by James R. Mendillo of Freeark, Harvey, Mendillo, Dennis, Wuller, Cain & Murphy of Belleville.

"Plaintiff has suffered damages in lost profits and in incurring overhead, particularly fixed overhead...," the complaint states.