Supplier alleges masonry business owes more than $62,000

By Noddy A. Fernandez | Nov 14, 2017

FRESNO — A Clovis landscape supplier is suing a masonry business, alleging it owes more than $62,000 for breach of contract.

C&G Stone and Ready Mix, Inc., doing business as Clovis Stone & Landscape Supply, filed a complaint Oct. 20 in Fresno County Superior Court against Donald Wadsack, doing business as Don Wadsack Masonry, and Does 1-10, alleging the defendants breached a valid written contract by failing to pay for goods received.

According to the complaint, on July 21, 2008, Don Wadsack Masonry submitted an application for credit asking for $3,000 on an open book account in order to purchase landscaping supplies. After agreeing on the terms of the contract, Clovis Stone performed its obligation but says it did not receive payments that amounted to $62,833.53. 

The plaintiff alleges Don Wadsack Masonry failed to timely and fully pay the amount due for the purchases and the duly-assessed finance charges, even though it had received and accepted the goods.

Clovis Stone & Landscape Supply seeks trial by jury, money damages of at least $62,833.53, plus pre- and post-judgment interest, attorney fees, court costs and all further relief the court deems necessary and proper. It is represented by attorneys Joseph M. Marchini, Jeffrey A. Jaech and Jacob E. Owens of Baker Manock & Jensen PC in Fresno.

Fresno County Superior Court case number 17CECG03626

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