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Contracts Keyed to Whaley
Continental Laboratories v. Scott Paper Co.
Citation:
759 F.Supp. 538, aff'd, 938 F.2d 184 (8th Cir. 1991).Facts
Plaintiff and Defendant into negotiations concerning a potential supply and distribution agreement whereby Plaintiff would supply products to Defendant and Defendant would distribute them. Parties also discussed a partial or total acquisition of Plaintiff by Defendant. At least five drafts of a written supply and distribution agreement were drafted, each containing incorporated changes.
Defendant announced internally that an agreement had been reached in principle. A written agreement, however, was never signed. Defendant, through its representation, later informed Plaintiff it was no longer interested in the venture and terminated the meeting. Plaintiff sued Defendant, alleging parties had entered into a final and binding oral agreement and Defendant was in breach of that contract.
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