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Hampton Island Club LLC v. B2 Creative Inc.

Fact questions existed as to whether the defendant breached the contract when it refused to make the second payment.

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In this breach-of-contract action, defendant Hampton Island Club, LLC “Hampton” appeals the summary judgment awarded to plaintiff B2 Creative, Inc. “B2″, arguing that no contract was created and that even if one were created, the evidence was disputed as to whether Hampton breached that contract. We hold that the requisite elements of contract were present and therefore affirm as to that portion of the trial court’s order. However, we agree with Hampton that some evidence showed that B2 may not have performed properly under the contract, which precluded summary judgment on the issue of whether Hampton breached the contract. Accordingly, we affirm in part and reverse in part. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp .1

So viewed, the evidence shows that on October 19, 2007, B2 submitted an “estimate” to Hampton, setting forth a proposal that for the price of $164,000, B2 would provide and install certain furnishings for a model home constructed by Hampton, which furnishings were specified on a detailed exhibit attached to the proposal.2 Under this proposal, Hampton would reserve the right to modify or cancel any plans or work, so long as Hampton paid for any expenses associated with such modification or cancellation. Hampton was also to be responsible for all final approvals; specifically, the proposal required that Hampton approve the furniture and fixtures actually installed. B2 reserved the right to reassess costs, but such reassessments had to be approved by Hampton.

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