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Contracts Keyed to Barnett
Copeland v. Baskin Robbins U.S.A.
Citation:
96 Cal. App. 4th 1251, 117 Cal. Rptr. 2d 875 (Cal. App. 2002)Facts
Copeland expressed interest in purchasing a soon-to-be closed ice cream manufacturing plant from Baskin Robbins. Copeland made clear that his interest was conditioned on Baskin Robbins agreeing to purchase the ice cream that Copeland would make at the manufacturing plant.
To memorialize their negotiations, Baskin Robbins sent Copeland a letter listing the purchase price for the manufacturing plant and a schedule for Baskin Robbin’s purchase of the ice cream manufactured at the plant, subject to a separate co-packing agreement to be negotiated.
A few months after Copeland accepted the terms of that letter, Baskin Robbins reneged on the co-packing aspect of the deal. Copeland sued for breach of contract to recover expectation damages from lost profits, lost employment opportunities, and injury to his reputation.
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