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P.E. SYSTEMS, LLC v. CPI CORP.

No. 29411-1-III.

264 P.3d 279 (2011)

164 Wn. App. 358

P.E. SYSTEMS, LLC, a Delaware limited liability company, Appellant, v. CPI CORP., a Missouri corporation, Respondent.

Court of Appeals of Washington, Division 3.

October 18, 2011.

Attorney(s) appearing for the Case

Nicholas D. Kovarik , Dunn & Black PS, Spokane, WA, for Appellant.

J. Michael Keyes , Whitney J. Baran , K & L Gates LLP, Spokane, WA, for Respondent.

SWEENEY, J.

¶ 1 This appeal follows the summary dismissal of a vendor's suit for breach of contract. The vendee refused to pay for the vendor's services. The vendee moved to dismiss pursuant to CR 12(c) (plaintiff can show no set of facts to justify recovery on the pleadings alone). The court concluded that the agreement in this commercial transaction amounted to nothing more than an agreement to agree and was therefore unenforceable and the court dismissed the...

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