United States District Court, S.D. West Virginia, Huntington Division
MEMORANDUM OPINION AND ORDER
C. CHAMBERS, UNITED STATES DISTRICT JUDGE.
before the Court are the Motions for Summary Judgment
submitted by Defendants Sun Industries, LLC
(“Sun”) and Toby Berthelot, and Plaintiff Service
Pump & Supply Co., Inc.See ECF Nos. 29, 44, 47.
The motions are focused on Plaintiff's allegation that
Defendants breached a contract between the parties by
refusing to pay it the full contract price. See
Compl., ECF No. 1; Am. Compl., ECF No. 19.
dispute in this case is relatively straightforward. Both
parties argue that they are entitled to summary judgment
based upon their own interpretation of a material term in a
rental contract for generators: price. See Pl.'s Mot.
for Summ. J., ECF No. 29, at 2; Defs.' Mot. for
Summ. J., ECF No. 47, at 1-2. To be more specific,
Defendants argue that the contract requires them to pay
Plaintiff based on how long they actually used the
generators, whereas Plaintiff argues that the contract
requires Defendants to pay Plaintiff for at least
one full month's use of the generators, regardless of
whether Defendants used the generators for less time. See
parties have fully briefed the issues and the motions are now
ripe for adjudication. As explained below, the Court
GRANTS, IN PART,
Plaintiff's Motion for Summary Judgment, and
DENIES Defendants' Motion for Summary
following facts are undisputed, as the core dispute in this
case is what conclusion should result from the facts. In
September of 2017, Defendant Sun was working on a flood
relief project in Collier County, Florida, and entered into a
rental contract with Plaintiff for generators. See Mem.
in Supp. of Defs.' Mot. for Summ. J., ECF No. 48, at
1; ECF No. 32-3; ECF No. 32-5. The parties negotiated the
terms of the contract exclusively through e-mail
communications on September 13, 2017. See Mem. in Supp.
of Pl.'s Mot. for Summ. J., ECF No. 30, at 1. The
following is the relevant portion of the negotiations after
Jared Stratton, Plaintiff's employee, sent an email to
Blake Thibodeaux, Defendant Sun's division manager, with
a spreadsheet setting forth the daily rental fee for
each of the generators Defendant Sun sought to lease:
Mr. Thibodeaux (12:25 pm): We will take all of these. Can you
send a monthly rate for each unit and the exact locations of
each unit so we schedule pick up[?]
Mr. Stratton (12:29 pm): Blake, how do you want to handle the
Mr. Thibodeaux (12:33 pm): Send me the requoted sheet with
monthly rates and I can issue the PO (purchase order).
Mr. Stratton (1:16 pm): Can we do $10, 000.00 today on a
credit card and then ACH $129, 000.00 by the end of the
Mr. Thibodeaux (1:39 pm): Jared, we can provide a card for
deposit. Send me payment amount and I will get Julie to
provide you with a card.
ECF No. 32-3, at 1-5.
Mr. Stratton and Defendant Berthelot engaged in the following
Mr. Stratton (2:17 pm): Toby, we normally do 50% up front but
are willing to make concessions. We can do $35, 000.00 (25%)
on the card and send weekly ...