(DOWNLOAD) "Collett Et Al. v. Goodrich" by Supreme Court Of Utah ~ Book PDF Kindle ePub Free

June 08, 2021

eBook details

Title: Collett Et Al. v. Goodrich
Author : Supreme Court Of Utah
Release Date : January 16, 1951
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

WOLFE, Chief Justice. Action upon an account for merchandise sold and delivered to appellant, Merrill Goodrich, by respondents'
assignor, Uinta Oil Refining Company, hereinafter called the Refining Co. Appellant admitted that he owed the Refining Co.
some $19,000 for petroleum products sold to him, but counterclaimed for breach of an alleged contract for the exclusive right
to sell the Refining Company's products in the Uintah Basin. From the judgment and order dismissing his counterclaim, appellant
appeals. For several years prior to 1945, appellant distributed gasoline and petroleum products manufactured by the Equity Refining
Co. In 1945, the appellant and the respondents purchased this refinery and caused the Uinta Oil Refining Co. to be incorporated.
In 1946, the appellant sold his 40% ownership in the Refining Co. to Owen Collett, hereinafter referred to as the respondent,
for $25,000. At the trial, appellant testified that at the time of negotiations for the sale of his stock, respondent agreed
that the Refining Co. would recognize appellant as the exclusive distributor of the Refining Company's products in the Uintah
Basin, i. e. Moffatt and Rio Blanco Counties in Colorado and Uintah and Duchesne Counties in Utah. The term of the contract
was to be five years. This agreement was verbal. Although promises and attempts were made to reduce the terms of the agreement
to writing, a written contract has never been executed. Appellant further testified that he constructed a $44,000 service
station to more efficiently distribute the Refining Company's products and argues that he would not have sold his stock nor
built the service station, except for the exclusive distributorship. Appellant's counterclaim is based upon the Refining Company's
violation of said contract by selling its products to other persons within his territory, and that the profits from said sales
would be in excess of the amount of respondents' demand, wherefore he prays that the amount be set off against the account.