United States Eighth Circuit

In an action for breach of a tractor dealership agreement, summary judgment for defendant is affirmed in part where: 1) because the dealership agreements at issue were not preexisting, but arose out of the agreements with defendant, plaintiff could not state a claim for tortious interference; 2) plaintiff's allegations did not provide grounds to infer an intent to defraud at the time of the agreement's formation; and 3) the district court did not abuse its discretion in finding that an expert's report was flawed both factually and methodologically. However, the judgment is reversed in part where there were factual issues as to whether defendant made sales of whole goods during the notice period under Mo. Rev. Stat. section 407.405.

Appellate Information

• Decided 03/29/2010
• Published 03/29/2010

Judges

Court

• United States Eighth Circuit

Counsel