The plaintiff, a gasoline wholesaler, brought a motion for partial summary judgment against one of the defendants, Gill Rauni Petroleum Inc. (GRP), for breach of contract regarding unpaid petroleum products.
The plaintiff claimed over $117,000.
The court found that the plaintiff failed to provide sufficient evidence to establish breach of contract, orders, deliveries, or a full accounting of outstanding amounts, thus failing to "put its best foot forward." Applying the principles of summary judgment, the court determined that genuine issues requiring a trial existed and that the evidentiary record was insufficient for dispositive findings.
Furthermore, as the litigation would proceed to trial against another defendant regardless, granting partial summary judgment risked duplicative proceedings and inconsistent findings, making it not in the interest of justice.
The motion was dismissed, and the defendant GRP was awarded costs.
