BELLEVILLE – A St. Clair County business claims it was damaged after purchased an excavator before learning it had been stolen.
Turner Enterprises Inc. filed a complaint on Dec. 18 in the St. Clair County Circuit Court against Gateway Bobcat of Missouri Inc. and Heet Excavating Inc., alleging consumer fraud and other counts.
According to the complaint, the plaintiff alleges that on March 20, 2017, it purchased a Bobcat 435 excavator from the defendants for $34,000. After the purchase, the plaintiff learned that it was stolen and it was impounded on Aug. 25, 2017, the suit states.
The plaintiff alleges it incurred damages for loss of use of the equipment, its costs, loss of profits and other damages.
The plaintiff alleges the defendants breached the implied warranty of the title by selling a stolen excavator.
The plaintiff seeks damages of more than $50,000, costs of suit and all further relief that the court may deem proper and equitable.
It is represented by Jason D. Johnson of Wilson Elser Moskowitz Edelman & Dicker LLP in Edwardsville.
St. Clair County Circuit Court case number 17-L-743