Jade Fashion v. Harkham Industries
Annotate this CaseJade Fashion filed suit against Harkham, alleging causes of action for breach of contract, goods sold and delivered, open book account, account stated, and breach of guaranty. Jade Fashion claimed that Harkham breached the parties' written agreement by failing to comply with the payment terms set forth in the agreement, including refusing to pay the remaining principal balance for goods it purchased from Jade Fashion. Harkham counterclaimed for fraud, conversion, and unjust enrichment. On appeal, Harkham challenged the trial court's grant of summary judgment in favor of Jade Fashion. Because Jade Fashion filed a respondent's appendix that included all the improperly omitted documents at issue, the court reviewed the trial court's summary judgment on the merits. The court concluded that the trial court properly granted summary judgment on the breach of contract claims; even assuming that the trial court erred in granting summary judgment on the common count claims, Harkham cannot show prejudice because Jade Fashion was entitled to judgment as a matter of law on the breach of contract claims and no additional damages were awarded on the common count claims; the trial court acted within its discretion in denying the request for a continuance because Harkham failed to show how facts essential to its opposition could be obtained by deposing Jade Fashion's attorney; and, therefore, the court affirmed the judgment of the trial court.
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