DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
102718P.pdf 07/19/2011 Southern Wine and Spirits, etc v. Mountain Valley Spring Company
U.S. Court of Appeals Case No: 10-2718
U.S. District Court for the Western District of Arkansas - Hot Springs
[PUBLISHED] [Gruender, Author, with Loken and Smith, Circuit Judges]
Civil case - contracts. District court did not err in finding the
distributorship contract between the parties contemplated the duration of
the relationship and agreed to a term that ends only by mutual consent or
specific acts of default; as such, the district court did not err in finding
the agreement was for a perpetual term and not for an indefinite term;
district court did not err in denying defendant's motion for judgment as a
matter of law on plaintiff's claim for implied covenant of good faith and
fair dealing; however, the evidence was sufficient to support defendant's
counterclaim that plaintiff breached the implied covenant of good faith and
fair dealing, and the district court erred in setting aside the jury verdict
and granting plaintiff judgment as a matter of law; that portion of the case
is remanded, with directions to reinstate the jury's verdict and award for
defendant.