The complaint was filed by Aaron D. Tawney with his lawyer Loren Sutton against Fleet Marine which bought Tawney’s business and two other partners who are residing in the Philippines and Japan.
The plaintiff is asking the court to issue an order prohibiting the defendants from selling or disposing all the equipment and materials included in the sale to Fleet Marine by plaintiff pending the outcome of this case; and enter a judgment awarding plaintiff the contract price agreed minus the defendant’s payments, or $239,750 plus 9 percent interest on the unpaid balance arrears amounting to $18,750 as of May 15, 2009.
The plaintiff, moreover, is asking the court to order the defendants to start paying the arrears and the $5,500 as agreed, and order the defendants to pay $14,000 to Shell Marianas and Mid-Pac Micronesia or start payments if a payment schedule has been agreed to by creditors.
The plaintiff is likewise asking the court to award him reasonable attorney’s fees and costs of suit.
In his complaint, the plaintiff stated that he and the defendants executed a document for the purchase of Pacific Power Generation which the plaintiff owned on July 2, 2008.
The plaintiff said the purchase agreement include conditions that Fleet Marine will pay plaintiff the sum of $304,000, $50,000 of which must be paid immediately as down payment and the balance of $254,000 to be paid in 46 monthly installments of $5,500 a month.
The agreement stated that the payments were supposed to start on Oct. 15, 2008 but if the amount is paid within 30 months total, it will be reduced by $25,000.
The agreement also stated that two payments can be delayed one month if necessary.
The plaintiff said a verbal agreement was reached wherein the defendants agreed to pay the plaintiff’s debts to Shell Marianas and Mid-Pac Micronesia amounting to $14,000.
The plaintiff said the down payment was paid with two checks but the second check was returned for insufficient funds. It was, however, made good later.
The plaintiff said the defendants made payments only on Oct. and Nov. of 2008 but no payments were made in Dec. and Jan. 2009.
He said the defendants paid $4,500 in Feb. and $6,500 in March, which was short of $1,000.
He said the April payment only amounted to $3,250 but there were no more payments since that time.
The plaintiff said the defendants did not pay his debts to Shell Marianas and Mid-Pac Micronesia as promised.
The plaintiff is filing four causes of action against the defendants for breach of contract of the purchase agreement, breach of contract for the oral contract to pay plaintiff’s company debts, unjust enrichment for breach of written contract of sale and unjust enrichment for breach of oral contract.
