No. 00 CVS 3589
Amy P. Miles aka Amy Hassinger
Plaintiff, complaining of the defendant, alleges and says:
FIRST CLAIM FOR RELIEF
1. That plaintiff is a corporation organized under the laws of the State of North
Carolina, with a principal place of business in Wake County, North Carolina.
2. That defendant Amy Miles is a citizen and resident of Pitt County, North Carolina,
and does business under the trade name of Milestone Farm Sales and Marketing, Inc. and/or
3. That the defendant is in the business of, among other things, boarding and selling
4. That during the months of June and July of 2000, plaintiff lent the defendant the
sum of THIRTY THOUSAND SIX HUNDRED DOLLARS ($30,600.00) with which defendant
purchased certain equipment for her business. That despite repeated demands by plaintiff for
repayment, defendant has failed and refused to repay any of these sums.
SECOND CLAIM FOR RELIEF
5. That the allegations contained in Paragraphs 1 through 4 are hereby reiterated and
incorporated herein by reference.
6. That the defendant advised the plaintiff that plaintiff could make substantial sums
of money by allowing the defendant to purchase with plaintiffs money certain horses and ponies and
then allow defendant to resell the same for a profit.
7. That the plaintiff, relying upon representations by the defendant, authorized the
purchase of nineteen (19) horses and/or ponies.
8. Upon information and belief defendant sold to plaintiff horses and/or ponies
already belonging to defendant for sums equal to or in excess of their fair market value.
9. When defendant advertised the horses and/or ponies for resale, in almost every
instance, she proposed to sell them for prices at or less than the amounts for which she had sold them
10. That defendant knew or had reason to know that the horses could not be sold on
the open market for amounts designed to make a profit, nor even to properly compensate plaintiff
for its investment.
11. These misrepresentations as to the value, medical condition, and background of
these horses and/or ponies were made with the intent to induce the plaintiff to purchase these horses
and/or ponies and, in fact, did induce this action by the plaintiff to its detriment.
12. That the foregoing actions by the defendant constitute unfair and deceptive trade
practices in violation of N.C.G.S. Chapter 75.
WHEREFORE, plaintiff prays the Court as follows:
1. For judgment on plaintiffs first claim for relief in the amount of THIRTY
THOUSAND SIX HUNDRED DOLLARS ($30,600.00), together with interest thereon.
2. For judgment on plaintiffs second claim for relief in an amount in excess of
TEN THOUSAND DOLLARS ($10,000.00).
3. For a finding that defendant’s actions constitute unfair and deceptive trade
practices under N.C.G.S. Chapter 75 and a trebling of damages thereon.
4. For the costs of this action, including a reasonable attorney’s fee, to be taxed to
the defendant pursuant to N.C.G.S. Chapter 75.
5. For a trial by jury on all issues so triable.
6. For such other and further relief as to the Court may seem just and proper.
This 29 day of November 2000.
Colombo, Kitchin, Dunn & Ball, LLP
Attorneys for Plaintiff –
W. Walton Kitchin
N.C. State Bar No. 7844
1698 East Arlington Boulevard
Greenville, NC 27858
Telephone: (252) 321-2020
Facsimile: (252) 353-1096