ST. LOUIS – Cosmos Granite (Central) LLC recently filed a lawsuit against River City Granite & Stone Works for failing to pay more than $300,000.
Robert L. Naucke, the sole owner of River City, was also named as a defendant in the suit filed in the U.S. District Court for the Eastern District of Missouri.
The suit claims River City applied for a line of credit with Cosmos, which imports granite and quartz slabs, on Nov. 16, 2012, in the amount of $40,000 per month.
Naucke personally guaranteed that River City, which fabricates stone products, would pay on the account and, after the credit agreement was executed, River City ordered goods from Cosmos which delivered those goods to River City, the sit says.
The suit claims River City failed to pay the balance on its account, which totaled $338,493.87. Cosmos has demanded the defendants pay the full balance on their account, but they have failed to do so.
Cosmos claims that the defendants have breached their contract, as Cosmos performed all of its duties pursuant to the credit agreement.
The suit claims River City has caused Cosmos to suffer damages, including the costs of filing the lawsuit for failure to pay on the account, according to the suit.
The suit said the plaintiff wants the defendants to pay the $338,493.87 with interest of 9 percent, pursuant to a Missouri statute. Cosmos claims the amounts owed are fair and reasonable and that it demanded multiple times for the defendants to make payments.
The suit's claims also allege breach of guarantee.
"The guarantee specifically provides that Cosmos shall be entitled to recover all expenses of collection, including court costs and reasonable attorneys’ fees, incurred in connection with enforcement of the Guarantee," the complaint states.
Cosmos is seeking judgment in the amount of $338,493.87 with interest and attorneys' fees. It is represented by Justin M. Ladendork and Joseph J. Trad of Lewis Rice.