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Contracts
Breach of Contract
Distributorship

Sportsmark Trading Ltd v. Roger Cleveland Golf

Published: May 22, 2010 | Result Date: Apr. 16, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 07CC12309 Verdict –  Defense

Court

Orange Superior


Attorneys

Plaintiff

Ralph C. Loeb

Marc Smith


Defendant

Anthony L. Cannon
(Cannon & Nelms PC)

Julia A. Mouser


Experts

Plaintiff

Michael J. Wagner
(technical)

Defendant

Nicholas L. Feakins
(technical)

Facts

Plaintiff Sportsmark Trading Ltd. sued defendant Roger Cleveland Golf upon the expiration of its international distributorship agreement for the territories located in Hong Kong, Macau and Peoples Republic of China. Sportsmark alleged that the distributorship agreement would continue to be renewed unless good cause existed for nonrenewal.

Contentions

PLAINTIFF'S CONTENTIONS:
Sportsmark claimed that the international distributorship agreement was part written and part oral and the terms were based on the past dealings of the parties.

DEFENDANT'S CONTENTIONS:
Roger Cleveland Golf claimed that it fully performed all of its obligations under the agreement which expired by its terms in 2006. Roger Cleveland further contended that any evidence of the alleged two-year extension of that agreement was barred by the statute of frauds and unenforceable.

Result

The court granted the defense motion for nonsuit.

Other Information

FILING DATE: Jan. 27, 2007.

Length

six days


#94118

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