LLC v. Kuhn Brothers Lumber & Building Supply Corp. et al. (2013)

MEMORANDUM OF DECISION

On May 21, 2013, the plaintiffs, Smedley Aerial Lifts, LLC and The Smedley Company, appeared for a court trial in this action concerning claims for moneys due pursuant to contracts with the named defendant, Kuhn Brothers Lumber & Building Supply Corp. The defendant failed to appear at trial and is hereby defaulted.   The action was previously withdrawn as to two other defendants.   The matter proceeded as a hearing in damages, although the court finds facts as follows.

The court has reviewed affidavits of debt submitted by each plaintiff together with accompanying documentation.   The court finds that contracts existed between the respective plaintiffs and the defendant, pursuant to which the plaintiffs performed services for the defendants.   The court finds that the defendants have failed to pay for such services.   The court has reviewed the affidavit re attorneys fees and finds the cumulative fees of $875.00 to be reasonable.

The court finds that, pursuant to the contract, the defendant owes the plaintiff Smedley Aerial Lifts, LLC the amount of $25,880.18.   The court awards this sum in favor of the plaintiff Smedley Aerial Lifts, LLC against the defendant, together with interest in the amount of $6,636.67, for a total of $32,516.85, plus one-half of the attorneys fees in the amount of $437.50.   Statutory postjudgment interest at the rate of 10% is also awarded.   This plaintiff waives costs of suit.

The court finds that, pursuant to the contract, the defendant owes the plaintiff The Smedley Company the amount of $27,834.68.   The court awards this sum in favor of the plaintiff The Smedley Company against the defendant, together with interest in the amount of $5,051.42, for a total of $32,886.10, plus one-half of the attorneys fees in the amount of $437.50.   Statutory postjudgment interest at the rate of 10% is also awarded.   Costs of suit are awarded to this plaintiff in the amount of $605.85.

The Court,

Robert E. Young, Judge

Young, Robert E., J.