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

No. 86936-7.

289 P.3d 638 (2012)

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

Supreme Court of Washington, En Banc.

Decided December 6, 2012.


Attorney(s) appearing for the Case

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

Nicholas D. Kovarik , Piskel Yahne Kovarik, PLLC, Spokane, WA, for Respondent.


CHAMBERS, J.

¶ 1 P.E. Systems, LLC (PES) offered to analyze and reduce the credit card processing costs of CPI Corp. (CPI). The two signed an agreement that appeared to be a contract. CPI later repudiated the contract, disputing its validity. PES sued for breach. CPI attached a copy of the contract to its answer to PES's complaint, and then filed a motion for judgment on the pleadings, arguing the contract was a mere agreement to agree and therefore unenforceable...

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