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
Defendant
Anthony L. Cannon
(Cannon & Nelms PC)
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
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