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Lager's LLC v. Palace Laundry Inc. d/b/a/ Linens of the Week

The plaintiff was not entitled to summary judgment on its open account claim because the defendant presented evidence that the plaintiff overcharged the defendant for the goods it provided under the parties' contract.

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Plaintiff Palace Laundry Inc. d/b/a Linens of the Week “Linens” brought a breach of contract and open account action against defendant Lager’s, LLC “Lager”. On summary judgment, Linens argued that as a matter of law, it was entitled to recover liquidated damages, damages on an open account, and attorneys’ fees, as a result of Lager’s premature termination of the contract. The trial court agreed. Lager appeals. For reasons fully stated below, we affirm the trial court’s grant of summary judgment to Linens as to Lager’s breach of contract, but reverse as to Linens’ remaining claims and remand the case for a trial on damages.

“In reviewing a grant or denial of summary judgment, this Court conducts a de novo review of the evidence.”1 To prevail at summary judgment under OCGA § 9-11-56 c, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmovant, warrant judgment as a matter of law.2

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