WSB Rehab. Servs. Inc. v. Cent. Accounting Sys. Inc.

Excerpt

SUMMARY JUDGMENT — BREACH OF CONTRACT — CONDITION PRECEDENT — ANTI-WAIVER CLAUSE — INDEMNIFICATION — TORTIOUS INTERFERENCE WITH A CONTRACT: The trial court properly granted summary judgment in favor of plaintiff where it was undisputed that defendants waived a condition precedent to the party's agreements by failing to enforce an "invoice requirement" for seven years. The trial court properly found that the anti-wavier clause contained within the agreements was not triggered as non-performance of a condition precedent is not a breach of contract and plaintiff did not violate the agreements. The trial court properly concluded that defendants were entitled to summary judgment on defendants' indemnification claims where the record reflects that plaintiff was required to indemnify the defendants against any losses arising out of plaintiff's services and defendants' losses related those services began to incur before defendants breached the agreements. The trial court erred in granting summary judgment as to the amount of damages that plaintiffs owed on the indemnification claim because defendants were not entitled to include its own employees' salaries as expenses and plaintiff disputed the reasonableness of the defendants' claimed damages. The trial court properly denied plaintiff's motion for summary judgment on plaintiff's tortious interference claim where co-defendants have an agency relationship.