[Download] "Robert L. Haag Inc. v. Swift & Co." by United States Court of Appeals for the Second Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Robert L. Haag Inc. v. Swift & Co.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 15, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Plaintiff Robert L. Haag, Inc. (""Haag""), appeals from a judgment of the United States District Court for the Southern District of New York, 530 F. Supp. 515, Constance Baker Motley, then Judge, now Chief Judge, entered pursuant to Fed. R. Civ. P. 54(b), dismissing so much of its complaint as alleged breach of contract by defendant Swift & Company (""Swift""). The district court granted Swift's motion for summary judgment on the ground that, because the contract provided that Swift could not recover damages from Haag in the event of the latter's breach of the contract, the contract was unenforceable for lack of consideration. We reverse. The 1977 agreement between Haag and Swift provided that Haag, a marketing specialist, would provide, in a designated geographical area (""Area I""), certain distribution and promotional services to Swift, a manufacturer of various foodstuffs, and that Haag would include in its marketing program no meat products of manufacturers other than Swift. In return Swift was to pay Haag $5,000 per month until its participation in the program was expanded to ""Area II,"" following which the amount of its payments was to be increased. Paragraph IV of the contract provided as follows: