Noncy and Terry Dooling filed a breach of contract complaint against MOS Landscaping of St. Charles, Mo., alleging they failed to perform the work as agreed even though a deposit was paid.

The Dooling's allege they entered into a contract with MOS on April 2, for landscaping improvements to their property at 3302 Whiteclif Lane in Godfrey.

They claim in accordance with the terms of the contract they paid MOS $11,360, which was one half of the total.

"Contrary to the contract terms, Defendant failed to commence work on and to the property on April 11, 2008, or within a reasonable time thereafter," the complaint states.

According to the suit filed Sept. 30, MOS never started work, or refunded the deposit paid to them thereby materially breaching the contract.

The Dooling's are seeking a judgment for $11,360, interest after April 2, and costs of the suit.

They are represented Thomas Manns of St. Louis.

The case is awaiting mandatory arbitration.

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