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Contracts Keyed to Calamari
Copeland v. Baskin Robbins, U.S.A.
Facts
The Plaintiff, Copeland (Plaintiff), expressed an interest in acquiring an ice cream plant, owned by the Defendant, Baskin Robins, U.S.A. (Defendant) in the city of Vernon. The parties commenced negotiations, and Plaintiff made it apparent that his agreement to buy the plant was contingent on a co-packing agreement, whereby Defendant would continue to buy ice cream from the plant. Defendant sent Plaintiff a letter of intent, outlining the terms of the agreement. Later, Defendant backed out of the co-packing agreement and Plaintiff brought suit for breach of contract and expectancy damages, based on the expected profit the plant would net. In his allegations, Plaintiff claimed there was an agreement for the purchase and co-packing, the terms of which were set forth in Defendant’s letter of intent. The Defendant claimed that because the letter of intent was not the final agreement (many of the integral terms of which were yet to be decided), that no agreement had existed. The trial court granted a Motion for Summary Judgment in favor of the Defendant and the Plaintiff appealed.
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