A company that builds golf courses was sued after it rejected sod for a golf course because of poor quality. The sod vendor sued in an attempt to obtain the entire contract price from our client, even though no sod was ever provided.
The District Court granted summary judgment, prompting the plaintiff to dismiss his companion case in state court against another Husch Blackwell client based on the same transaction.
Update
The plaintiff appealed and the case was sent to the Court of Appeals for review. The Court of Appeals affirmed the District Court’s summary judgment.