Linda McDade and Gary Grooms, v. R. Henry Ivey

This is a breach of contract case. The plaintiffs and the defendant orally agreed to each submit applications to the Federal Communications Commission (“FCC”) to obtain a license to construct and maintain cellular phone operations. The parties agreed to share the profits if any one of them was awarded a license. The defendant was awarded a license, and the plaintiffs sued to enforce the agreement. The trial court granted summary judgment to the defendant finding the contract was illegal under FCC rules and therefore unenforceable. The plaintiffs appeal. We affirm.