Madison - St. Clair Record

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Lumberyard Suppliers sues H & M Construction over alleged unpaid debts

By Carol Ostrow | Sep 16, 2015

A Madison County lumber business is suing a St. Clair County construction firm and its owner, alleging breach of contract in a matter spanning five years.

Lumberyard Suppliers Inc., doing business as LS Building Products, filed a lawsuit on Aug. 25 in Madison County Circuit Court against Patrick Horton individually and doing business as H & M Construction, alleging unpaid debts from 2010 through 2014.

According to the complaint, the plaintiff sold and delivered goods to the defendant as solicited and documented in court files, for which the defendant promised to pay the plaintiff in full.

The suit states that despite repeated requests, Horton’s business currently allegedly owes LS Building Products the net sum of $108,059.39 after credits. According to the lawsuit, the defendant implicitly agreed to pay the plaintiff’s attorney’s fees and other costs of collection when it originally signed a contract with the company, as set forth on its credit application and guarantee documents.

Alleging lost income as a direct and proximate result of the defendant’s actions, the plaintiff requests the court to enter judgment in its favor for the stated amount, plus attorneys’ fees and costs. LS Building Products is represented by Mark Silvermintz of The Kunin Law Offices in Collinsville.

Madison County Circuit Court case number 15-L-1087

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