AED, Inc v. KDC Investments
Annotate this CaseThe underlying dispute in this matter centered on the sale and demolition of a bridge across the Ohio River between West Virginia and Ohio. Advanced Explosives Demolition, Inc. (AED) entered a contract to sell the bridge to KDC Investments, LLC (KDC) for $25,000. AED alleged that it also entered into another contract in which KDC hired it to perform explosive demolition work prior to removal of the bridge. After the bridge sale was complete, KDC terminated its relationship with AED and hired another demolition contractor. AED brought an action for fraud and breach of contract against KDC and asked the district court to rescind the sales contract. The district court denied the request for rescission and granted summary judgment in favor of KDC on the fraud and breach of contract claims, holding that AED had provided no evidence of fraud and concluding that the demolition contract was illegal because AED did not have the necessary West Virginia contractor's license when it entered into the contract. AED appealed the district court's denial of its request. The Supreme Court held that AED waived the issue of whether the district court abused its discretion in striking certain affidavits presented at trial. However, the Court affirmed the district court's grant of summary judgment in favor of KDC and the district court's order quieting title to a Toll Bridge in KDC.
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