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Try CasePortal for FreeJ. Mercier finds that the trial court improperly ruled in favor of the consulting service on its breach of contract and breach of fiduciary duty claims against the staffing service in an action arising from the staffing service's alleged violation of an asset sales agreement. Questions of fact remain as to whether the consulting service waived strict compliance with the agreement and whether the parties modified the agreement. Questions of fact also remain as to the amount owed to the consulting service and whether the staffing service properly withheld any of the payments. The trial court incorrectly found in favor of the consulting service on the staffing service's request for attorney fees. However, the trial court correctly refused to find in favor of the consulting service on the staffing service's breach of contract and unjust enrichment counterclaims. Reversed in part.