A contract dispute between Keith Coleman Racing, LLC, and the owner of the Eddyville building that houses the race team’s operation looks to end up in court.
A complaint filed in Lyon Circuit Court Monday pits Robert D. White, owner of the plant and acreage at 50 Industrial Park Road, against the race team, which signed a contract for the property in late June 2004.
According to the complaint, filed by White’s attorney, Marvin Lee Wilson of Eddyville, the parties entered into a lease/purchase agreement on June 26, 2004, for the building, the former site of White’s Suncatcher Products company.
A copy of the handwritten agreement included with the complaint indicates the race team was to pay $2,000 a month for 6 months, beginning July 1, 2004.
The lease payments would go toward the total purchase price of $400,000, according to the contract.
On Jan. 1, at the end of the 6-month period, the race team was scheduled to purchase the building for the remainder of its cost, $388,000, the contract states.
White’s complaint accuses the race team of failing and refusing to perform under the terms of that agreement.
On Thursday, Wilson said the company refused to close on the building, citing problems with the property that should be corrected before closing.
The complaint asks the court that the race team remove itself from the property or be ordered to perform under the terms and provisions of the contract by completing the purchase.
The case was originally filed in Lyon District Court, but District Judge William McCaslin ruled that since the case involved more than $4,000 and breach of contract allegations, it be filed in circuit court.
A review before McCaslin is scheduled for Monday, Feb. 14.
Wilson said Thursday that the race team’s registered agent, Hopkinsville attorney Stephen E. Underwood, had not filed a response to the complaint.
After a response is filed, the case will likely go into pretrial litigation. What proceeded from there would largely depend upon the attitudes of the parties involved, he said.
