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Iler Group, Inc. v. Discrete Wireless, Inc.

90 F. Supp. 3d 1329 (2015)

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Iler Group, Inc. v. Discrete Wireless, Inc.

United States District Court for the Northern District of Georgia
90 F. Supp. 3d 1329 (2015)

SH

Facts

Iler Group, Inc. (plaintiff) entered into a contract with Discrete Wireless, Inc. (defendant) for the purchase and resale of Global Positioning System (GPS) tracking devices. Iler Group could not resell a GPS tracking device without first procuring a service order as between a customer and Discrete Wireless. Once Iler Group secured the service order and made the resale, it would install the device on behalf of Discrete Wireless, who in turn would activate the device. Iler Group would thereafter service customers by providing telephone support, customer training, management of returns, and maintenance of customer records. Discrete Wireless itself performed the GPS data collection and tracking services for customers. When Discrete Wireless unliterally decided it would no longer remit commissions to Iler Group on a particular service order, Iler Group sued for breach of contract. Discrete Wireless moved to dismiss the complaint on grounds that it was time-barred under Georgia’s Uniform Commercial Code (UCC). Iler Group, on the other hand, viewed the contract as one for the rendition of services and argued that it was timely filed within the statute of limitations for simple contracts in writing.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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