Brown v. W.P. Media, Inc.

SMITH, Justice.

The plaintiffs below, Alabama MBA, Inc., and Hugh W. Brown, Jr., appeal from a summary judgment in favor of the defendant, W.P. Media, Inc., in this action seeking damages for breach of contract. We reverse and remand.

Facts and Procedural History

In 2001, W.P. Media and Alabama MBA executed a contract (hereinafter “the operating agreement”) whereby the parties agreed to operate a joint venture named Alabaster Wireless MBA, LLC, a company intended to provide wireless Internet services to consumers. In the operating agreement, W.P. Media agreed to create a wireless network to be…