Shelby County Cookers, LLC v. Utility Consultants Int’l, Inc.
Annotate this CasePlaintiff, a limited liability company, contracted with Defendant, a utility bill review consultant. After Defendant reviewed four utility bills and informed Plaintiff it was entitled to a substantial refund for sales tax overpayments, Plaintiff terminated the contract. Plaintiff filed a petition for declaratory judgment requesting a determination that it had no remaining contractual obligation to Defendant. Defendant counterclaimed for breach of contract. The district court granted summary judgment for Plaintiff, concluding that Plaintiff’s liability under the contract was limited to services Defendant provided prior to termination, and no payment was owed to Defendant until Plaintiff actually received a refund. The Supreme Court reversed, holding that Defendant had a viable claim for breach of contract. Remanded.
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