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Trucking company and owner sued for breach of contract on $30K trailer sale

By Louisiana Record reports | Apr 8, 2014

Breach of contract

GRETNA – A woman who claims she entered into a contract to sell a refrigerated trailer to a trucking company and its owner in which they would pay her $30,000 in installments, claims breach of contract.

Alma J. McKay filed suit against Dexter Varmall and Dexter Varmall Trucking in the 24th Judicial District Court on March 20.

McKay alleges that on Nov. 1, 2009 she entered into a verbal contract with Varmall and Dexter Varmall Trucking in which they purchased a 1999 Wabash refrigerated trailer for $30,000 from her. The plaintiff asserts that after a bill of sale was created and notarized she delivered the trailer to the defendant who signed a promissory note in the amount of $30,000 that was to be paid for at the rate of $500 per week until paid in full. McKay claims that Varmall did not make payments on the trailer before it was towed by a towing company in November 2009.

The plaintiff alleges that in July 2010 the towing service sent her a final demand letter requesting $4,046.68 for the release of the trailer, which if not received would result in the property being auctioned off. McKay claims she negotiated the price to keep the trailer from being auctioned down to $3,000, of which $500 was paid by Varmall who afterward took control of the trailer again and has since used it and led to its depreciation in value.

The defendant is accused of breach of contract.

Damages in the amount of $30,000 is sought by the plaintiff.

McKay is represented by attorney Arthur G. Kingsmill of Gretna.

The case has been assigned to Division I Judge Nancy A. Miller.

Case no. 736-682.

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