Irvin International, Inc. “Irvin”, filed a breach of contract and fraud action in 2003 against Riverwood International Corporation “Riverwood”, Riverwood International Machinery, Inc. “RIMI”, and G. Phillips Jones, Riverwood’s vice-president and general manager, seeking to recover commissions on sales of paperboard beverage cartons to bottling companies. Riverwood manufactured the paperboard cartons, and the bottling companies used packaging equipment leased from RIMI to convert the flat paperboard cartons into containers and fill them with soft drinks and bottled water. Pursuant to a contract that expired in 2002 the “Agreement”, Irvin placed packaging equipment in customers’ bottling facilities, sold Riverwood’s paperboard cartons to the bottlers, and was paid a commission on the sales of paperboard cartons. Although the parties’ contract expired, Irvin claims that it is entitled to continuing commissions on carton sales for the duration of the equipment leases because Irvin was responsible for renewing the leases while the Agreement was in effect. Irvin appeals from the trial court’s grant of summary judgment to the defendants,1 and we affirm for the reasons set forth below. When reviewing the grant of a motion for summary judgment, this Court conducts a de novo review of the law and the evidence.2 To prevail at summary judgment under OCGA § 9-11-56 c, the moving party must show 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.3
So viewed, the record shows that Irvin is an independent sales and service representative. In 1989, Irvin entered into its first contract with Riverwood’s predecessor in interest to sell to, and service, soft drink bottlers who purchased Riverwood’s paperboard cartons. The contract provided for a complex tiered commission schedule based on paperboard sales, customer service, and territory. It expired at the end of 1992, and the parties entered into another contract in 1993.4 This contract contained the same complex tiered commission schedule but added a clause authorizing Irvin to solicit orders for the sale or lease of packaging machinery. The clause stated that Irvin would be paid a certain sum of money according to the type of machine placed with the customer. Irvin was not paid a separate commission on the sale or lease of equipment. The contract expired on January 31, 1996.
