Fleet Business Credit, Llc v. Grindstaff, Inc.

This is an appeal from a trial court’s grant of summary judgment. The plaintiff brought suit against the defendant, seeking the balance allegedly due under a contract between the defendant and a third party. The plaintiff contended that it was the assignee of the rights, but not the obligations, of this contract. The defendant moved for summary judgment, contending that the third party manifested its intent to terminate the contract prior to the alleged assignment. In the alternative, the defendant argued that its performance was excused because the third party filed for bankruptcy, which was a ground of default. The defendant also disputed whether there was in fact an assignment between the plaintiff and the third party. The trial court granted the defendant’s motion for summary judgment. We affirm.