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Summary Judgment in Favor of Boar's Head in Breach of Contract Action Upheld

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By FindLaw Staff on May 27, 2010 10:21 AM

Minnesota Deli Provisions, Inc. v. Boar's Head Provisions Co., 08-3607, involved an action arising out of the termination of the parties' business relationship, involving charges of breach of contract, breach of the implied covenant of good faith and fair dealing, promissory estoppel, and tortious interference with business relations.  The Eighth Circuit affirmed summary judgment for defendant, holding that 1) the phrase "not performing satisfactorily," when read in context, did not create an enforceable limit on defendant's right to terminate business relations; 2) the parties' relationship was terminable at will and did not encompass a durational agreement; 3) a "clear and definite" promise could not be found in the evidence; and 4) there was no evidence that defendant's actions were unjustified, as was necessary for a claim of tortious interference with contractual relations.

As the court wrote:  "This case for damages, arising out of the termination of a business relationship, involves charges of breach of contract, breach of the implied covenant of good faith and fair dealing, promissory estoppel, and tortious interference with business relations. The district court entered summary judgment for the defendants, Boar's Head Provisions Co., Inc. ("Boar's Head") and Frank Brunckhorst Co., LLC ("Brunckhorst"). We affirm."

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