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Contracts Keyed to Dawson
Garwood Packaging, Inc. v. Allen & Co., Inc.
Citation:
378 F.3d 698.Facts
GPI created a packaging system to increase the shelf life of fresh meat. After GPI’s marketing efforts failed and it was $3 million in debt, it turned to an investment company, Allen, for assistance. Martin (Allen’s vice president) advised GPI that Allen would consider investing $2 million of its own money in GPI if another investor would make a comparable investment. Martin located Hobart Corporation, a manufacturer, that was willing to produce $2 million worth of packaging machines in return for equity in GPI. However, Hobart insisted on GPI obtaining releases from its creditors before entering any agreement. Other potential investors had similar reservations regarding GPI’s amassed debt. Martin told GPI he would see the deal through “come hell or high water.” Ultimately, Allen did not invest in GPI and the GPI was forced to declare bankruptcy.
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