Fitterer v. Mullin
Annotate this CaseStarting in 2007, A&C Soaring Eagle, Inc. (A&C) purchased chemicals and fertilizer on account from Fitterer Sales Montana, Inc. (Fitterer). In 2009, Fitterer filed suit alleging that A&C and Clint Mullin, Jr. (Clint), A&C’s president and sole shareholder, personally owed Fitterer $98,184 and that it was owed interest on the amount due. After a bench trial in 2014, the district court found that A&C and Clint personally breached a contract with Fitterer for the sale of goods. The court ordered A&C and Clint to pay Fitterer $114,398, which included unpaid principal and interest calculated at a rate of ten percent per year from June 11, 2007 to November 30, 2014. The court also ordered A&C and Clint to pay $526 per month in prejudgment interest. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) a valid, binding contract existed between A&C and Fitterer for the sale of goods; (2) Fitterer was entitled to prejudgment interest on the amount due under the contract; and (3) as conceded on appeal by Fitterer, Clint should be dismissed as a defendant in this case.
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