United States Sixth Circuit

Summary judgment for defendant, a provider of products used in jet engines and power generating equipment, in a suit brought by its exclusive sales agent in Italy for breach of contract is affirmed where the district court correctly concluded that the contract unambiguously permitted defendant to cease paying commissions upon the termination of the contract, and plaintiff's oral-modification argument failed as a matter of law.

Appellate Information

• Decided 05/23/2006
• Published 05/23/2006

Judges

• Before:  SUHRHEINRICH, GILMAN, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Timothy John Fitzgerald, Gallagher Sharp, Cleveland, Ohio, for Appellant.  M. Neal Rains, Frantz Ward LLP, Cleveland, Ohio, for Appellee.   ON BRIEF:  Timothy John Fitzgerald, George H. Carr, James F. Koehler, Gallagher Sharp, Cleveland, Ohio, for Appellant.  M. Neal Rains, Lindsey A. Carr, Frantz Ward LLP, Cleveland, Ohio, for Appellee.