Metz Beverage Company, a Wyoming Corporation, Appellant (defendant) v. Wyoming Beverages, Inc., a Wyoming… (Wyoming 2002)

Summary

The court held that summary judgment was improperly granted on Metz's breach-of-contract claim because the record supported an inference that the parties' oral distributorship agreement could be terminated only for cause. The court held that the statute of frauds did not defeat the claim, but affirmed summary judgment on fraud because the alleged misrepresentation was merely a qualified expression of desire, and on unjust enrichment because Metz could not recover the value of its goodwill without proving an enforceable contractual right to continue the business.

Holding

Existence and termination terms of the distributorship contract. The parties had a contract, and the evidence created a genuine issue of material fact about whether the contract could be terminated only for cause. Summary judgment on the breach-of-contract claim was therefore improper.

Statute of frauds. The statute of frauds did not provide a basis for summary judgment against Metz's breach-of-contract claim.

Fraud. Metz failed to present clear, unequivocal, and convincing evidence sufficient to create a genuine issue of material fact on fraud, so summary judgment was proper.

Unjust enrichment. Summary judgment was proper on Metz's unjust-enrichment claim seeking the goodwill value of its business.

Metz Beverage Company, a Wyoming Corporation, Appellant (defendant) v. Wyoming Beverages, Inc., a Wyoming…

Summary

Holding

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