Defendant provided plaintiff’s hotel with supplies worth more than $500, but the only writings before the court are two monthly statements. Whether these documents provide evidence as to the formation of a contract is a jury question; therefore, plaintiff is not entitled to summary judgment on defendant’s breach of contract counterclaim.
Plaintiff’s motion for partial summary judgment is denied.
Defendant has presented evidence that plaintiff knowingly withheld payment under the parties’ agreement, and defendant asserts that plaintiff’s actions were fraudulent and done with fraudulent intent. Whether plaintiff’s actions were fraudulent and whether plaintiff’s actions were done with fraudulent is a question for the jury. Plaintiff is not entitled to summary judgment on defendant’s counterclaim for breach of contract with fraudulent intent.
Aiken Hospitality Group, LLC v. HD Supply Facilities Maintenance, Ltd. (Lawyers Weekly No. 002-104-18, 8 pp.) (J. Michelle Childs, J.) 1:16-cv-03093; James Murray; Charles Stebbins III and Mitchell Snyder for plaintiff; Mark Steven Barrow and Ryan Charles Holt for defendant. D.S.C.