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Civil Procedure Keyed to Subrin
American Hospital Supply Corp. v. Hospital Products Ltd
Facts
Plaintiff and Defendant had a contract in effect for three years that required Defendant supplier to use Plaintiff as their distributor. The contract would automatically renew each year, and either party could terminate the agreement by notifying the other party at least 90 days before the contract entered a new year of existence. Plaintiff contacted Defendant to ensure that the contract would be renewed, and Defendant waited until one day after the 90-day period expired to notify Plaintiff that they wanted to end the contract. Plaintiff was near bankruptcy and had been reliant on Plaintiff for cash infusion prior to the termination. Plaintiff brought an action for breach of contract and successfully obtained a preliminary injunction against Defendant to enforce the contract.
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