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Contracts Keyed to Fuller
Miami Coca-Cola Bottling Co. v. Orange Crush Co.
Citation:
296 F. 693 (1924)Facts
The plaintiff, Miami Coca-Cola Bottling Co., entered into a contract with the defendant, Orange Crush Co., whereby the defendant granted the plaintiff the exclusive right to manufacture, bottle, and distribute “orange crush” within a designated territory under the defendant’s trademark. The contract required the defendant to supply concentrate at stated prices and to conduct advertising. The plaintiff agreed to purchase a specified quantity of concentrate, maintain a bottling plant, solicit orders, and promote sales. The license was perpetual but contained a provision allowing only the plaintiff to cancel the contract at any time. After approximately one year of performance, during which the plaintiff had purchased concentrate and manufactured the product, the defendant gave written notice that it would no longer be bound by the contract. The plaintiff then sought injunctive relief to prevent cancellation and to compel specific performance.
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