Coldmatic Refrigeration of Canada, Ltd. v. Hess

Miller, Judge.

Hess Polyurethanes, Inc. (HPI) and its principal MacLean Hess agreed to sell HPI stock to Coldmatic Refrigeration of Canada, Ltd. When the sale did not go through, Coldmatic sued HPI and Hess for breach of contract and for fraud. The trial court granted HPI and Hess summary judgment on the breach of contract count but not on the fraud count. Coldmatic appeals the summary judgment entered on the breach of contract count, and HPI and Hess cross-appeal the denial of summary judgment on the fraud count. We hold that since the agreement was only an agreement to agree, both the breach…