It’s very rarely a surprise to some Michigan farmers when companies and land developers come to their properties and ask to use some of their land. Whether it be for resources or because they want to outright buy it, these businesses must enter into a agreement with the property owner and generally sign a contract once all the Ts have been crossed.
But what happens when one of the parties breaches the contract by not upholding their end of the deal? What happens when you try to confront them about their unlawful act but only get a taunting remark in return?
A West Virginia couple may soon find out after a company they entered into a contract with allegedly failed to uphold its end of the bargain. According to the couple, when confronted about the breach of contract, they were told that “if they did not like it they could take [the company] to court because [they] always win.”
It all started in October 2010 when the couple signed a contract with Mountaineer Gas to settle a dispute between the two parties over natural gas wells on the couple’s property. In the contract, the couple agreed to allow Mountaineer Gas to construct additional pipeline, relocate certain roads and water lines as well as remove an old tank and flatbed trailer from their farm property. Along with maintaining the frequently used road, the couple claims that the company agreed to pay them for damages to their property by the company.
According to a lawsuit filed by the couple, Mountaineer Gas breached its contract with the couple by not upholding certain parts of the agreed upon contract. They also claim that the company is paying them “significantly less money than agreed to” when the terms were first established.
The couple is currently seeking compensatory damages with pre and post-judgment interest which could exceed $25,000.
Source: The West Virginia Record, “Couple says Mountaineer Gas breached contract,” Kyla Asbury, Nov. 28, 2012