CHICAGO — A Markham snow removal service is suing an Elmhurst heavy equipment dealer, alleging breach of contract in failing to pay more than $540,000.

Beverly Lawn Maintenance Inc. filed a complaint April 11 in Cook County Circuit Court against Patten Industries Inc., alleging failure to comply with their product purchase agreement.

According to the complaint, Beverly Lawn agreed on a specific agreement to trade in 59 pieces of used Caterpillar equipment with an aggregate value of $3,611,500, which would be used to pay down $3,065,141.89, and the balance of $546,358.11 that will be turned back to plaintiff. 

The plaintiff alleges Patten Industries refused to pay the amounts owed despite taking the equipment for trade-in. The suit says the defendant demanded payment for accounts not related to the agreement and maliciously converted the 59 pieces of equipment.

Beverly Lawn Maintenance seeks a trial by jury, compensation for actual damages amounting to $546,358.11, plus interest, punitive damages, pre-judgment interest and any other relief the court deems equitable. He is represented by attorneys Andrew L. Platt and M. Reas Bowman of Kluever & Platt LLC in Chicago.

Cook County Circuit Court Case number 2016-L-003663

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Caterpillar Inc. Cook County Circuit Court

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