Dickerson Petroleum has filed suit against Hayden Petroleum and Mid America Plaza, alleging they failed to sell Dickerson's Petroleum and pay Dickerson Petroleum as they were required to under a dealer's agreement.
Dickerson Petroleum alleges it entered into a 10-year dealer agreement with Hayden Petroleum and Mid America Plaza on April 3, 1997, in which it agreed to supply them with Phillips 66-branded motor fuel products in the quantities they requested and required, according to the complaint filed Dec. 15 in St. Clair County Circuit Court.
Hayden Petroleum and Mid America Plaza were to sell the products at their business at I-64 and Illinois Route 4 in Mascoutah, the suit states.
In the dealer agreement, Hayden Petroleum and Mid America Plaza agreed to buy the motor fuel products only from Dickerson Petroleum and to pay one cent per gallon on each gallon of gasoline delivered to the store, in addition to Dickerson's marketer cost and freight charges, Dickerson Petroleum claims.
If Hayden Petroleum and Mid America Plaza opted to sell motor fuel not supplied by Dickerson Petroleum, they would be required to pay two cents per gallon of unauthorized fuel they sold, according to the complaint.
However, Hayden Petroleum and Mid America Plaza breached the Dealer Agreement by failing to purchase motor fuel products from Dickerson Petroleum, by failing to promote and maximize the sale of Dickerson Petroleum's fuel products and by failing to pay Dickerson Petroleum in accordance with the terms of the dealer's agreement, the suit states.
Because of the companies' conduct, Dickerson Petroleum claims it has lost the money it should have received if the companies had stuck to their obligations under the dealer's agreement, lost money the companies are required to pay for selling unauthorized fuel and lost money it spent on design blueprints, plans and specifications to promote its products in the store.
Dickerson Petroleum is seeking the money it should have received had the companies complied with the terms of the agreement, the money the companies are required to pay for selling unauthorized fuel, the money it spent on design blueprints, plans and specifications, pre- and post-judgment interest at 9 percent per annum, attorney's fees and other relief the court deems just.
It is represented by Cherie Macdonald of Greensfelder, Hemker and Gale in Swansea.
St. Clair County Circuit Court case number: 08-L-637.
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