Robert L. Baker et al. v. Brett Eldredge et al.

The former manager of a country music recording artist sued the artist and related business entities for breach of contract and unjust enrichment.  He also sought damages from the artist’s business manager for inducement of breach of contract.  The defendants moved for summary judgment.  They argued, in part, that the undisputed facts showed that the parties had mutually agreed to modify the contract.  And the former manager had been paid in full under the terms of the modified contract.  The trial court granted summary judgment to the defendants and dismissed the complaint with prejudice.  On appeal, the manager argues that genuine issues of material fact as to whether he agreed to modify the contract preclude summary judgment.  We conclude that the unambiguous course of dealing between the parties showed mutual assent to the modification.  So we affirm the grant of summary judgment.