Madison - St. Clair Record

Tuesday, November 12, 2019

Roofing company seeks to dismiss customer’s breach of contract suit

By Heather Isringhausen Gvillo | Oct 13, 2015


A roofing company accused of breach of contract seeks to dismiss the lawsuit alleging it failed to perform any work after a customer had already paid more than $23,000.

Cherry Y. Bell filed her Aug. 5 lawsuit against Johnson’s Roofing and Derrick Johnson for breach of contract.

According to the complaint, Bell signed a contract with Johnson’s Roofing and provided $23,795 for obtaining the building permit and executing the job.

However, Bell claims the defendants have failed to obtain a permit and have yet to perform any work.

She seeks damages in excess of $50,000, plus a refund of the $23,795 in addition to reasonable attorney fees and court costs.

The defendants filed a motion to dismiss the complaint on Sept. 8 through attorney James Clayborne of Clayborne, Sabo & Wagner in Belleville. They argue that dismissal is appropriate because the plaintiff failed to attach the contract at issue or failed to attach an affidavit explaining why the document is not accessible.

“The rights, duties and obligations of the Plaintiff and Defendant are determined by the contract entered into between the parties and the Plaintiff failed to attach said contract,” the motion states.

St. Clair County Associate Judge Randall Kelley scheduled a status conference for Oct. 21 at 8:30 a.m.

The plaintiff is representing herself pro se.

St. Clair County Circuit Court case number 15-L-443

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Clayborne, Sabo & Wagner