Echo, Inc. v. Timberland Machines & Irrigation, Inc., No. 11-1489 (7th Cir. 2011)
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Plaintiff, a supplier of outdoor power equipment, gave defendant, a disttributer of such equipment, as well as of irrigation equipment, a distributor agreement with a multi-state territory. After about four years, plaintiff provided notice of termination and shifted sales to another distributor. Defendant was in significant debt, its lenders had refused to loan it any more money. Defendant is now out of business. During the contract period, defendant also distributed products for other companies. Plaintiff claimed that defendant owed for products purchased. The district court ruled in favor of plaintiff on the breach of contract claim and rejected defendant's claims of wrongful termination and that the new distributor improperly induced plaintiff to terminate. The Seventh Circuit affirmed. Rejecting a Connecticut Franchise Act claim, the court noted that defendant failed to show that more than 50 percent of its business resulted from its relationship with plaintiff. The district court properly awarded interest and rejected claims of unjust enrichment and tortious interference.
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