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052778P.pdf   04/28/2006  Stephen Cordry  v.  Vanderbilt Mortgage
   U.S. Court of Appeals Case No:  05-2778
   Western District of Missouri   
   [PUBLISHED] [Gruender, Author, with Colloton and Heaney, Circuit Judges]
   Civil Case - diversity. Grant of summary judgment on breach of contract
   claim is affirmed, as plain language provided finance company with
   discretion to lend less than 60-65 % of NADA value and discretion did
   not render contract illusory; the practice or course of dealing did not bind
   assignee of contract or alter terms of the agreement. Claim of
   misrepresentation fails as assignee's intention to use its own program and
   spreadsheet did not render false its promise to honor terms of the dealer
   agreement. Evidence does not support finding of bad faith or
   arbitrariness to support breach of implied covenant of good faith and fair
   dealing.