United States Eighth Circuit

In an action arising out of the termination of the parties' business relationship, involving charges of breach of contract, breach of the implied covenant of good faith and fair dealing, promissory estoppel, and tortious interference with business relations, summary judgment for defendant is affirmed where: 1) the phrase "not performing satisfactorily," when read in context, did not create an enforceable limit on defendant's right to terminate business relations; 2) the parties' relationship was terminable at will and did not encompass a durational agreement; 3) a "clear and definite" promise could not be found in the evidence; and 4) there was no evidence that defendant's actions were unjustified, as was necessary for a claim of tortious interference with contractual relations.

Appellate Information

• Decided 05/27/2010
• Published 05/27/2010

Judges

• JOHN R. GIBSON, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel