Performance Services, Inc. v. Randolph Eastern School Corp.
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The Supreme Court affirmed the summary judgment granted by the trial court in favor of a school corporation that contractually agreed to make biannual payments to a company for access to a wind turbine, holding that the contract was void and unenforceable.
Randolph Eastern School Corporation (RESC) contractually agreed to make biannual payments to Performance Services, Inc. for a wind-turbine project. As part of the contract, Performance agreed to provide RESC with financial benefits tied to the net revenue of the turbine. RESC, which never made any payments to Performance, brought this declaratory judgment action seeking to void the contract on the grounds that it constituted an illegal investment. The trial court granted RESC's motion for summary judgment, concluding that the contract constituted an unauthorized investment. The Supreme Court affirmed, holding that the contract between RESC and Performance was void and unenforceable because it constituted an investment unauthorized by statute.
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