MMG Financial Corp. v. Midwest Amusements Park, LLC

In action alleging that defendant breached financing agreement by failing to pay plaintiff for go-karts that defendant had purchased from third-party, Dist. Ct. did not err in granting plaintiff's motion for summary judgment as to defendant's counterclaim that plaintiff actually breached financing agreement by failing to pay manufacturer of go-karts. While defendant attempted to establish said counterclaim solely through two letters from manufacturer claiming that it had not been paid for said go-karts, Dist. Ct. could properly conclude that said letters constituted inadmissible hearsay evidence. Moreover, Dist. Ct. properly rejected defendant's related claim that it was not required to pay plaintiff pursuant to financing agreement because said go-karts were defective since defendant had failed to present any facts suggesting that plaintiff had warranted goods that it had merely financed.