Case Briefs John L. Kachelman, III ~ 1 ~ Continental Laboratories v. Scott Paper Co. 759 F.Supp. 538, aff’d, 938 F.2d 184 (8 th Cir. Ct., 1990) Type of Action Breach of Contract Facts Continental and Scott entered into talks concerning a supply and distribution agreement. Talks progressed over several months between the two parties with several drafts of a contract being written and rewritten over that span of time. There were several details still not agreed upon or discussed, however there was an optimistic view of the agreement betweent he two parties to the point where it was announced internally at Scott that they had reached an agreement in principle. However, on Sept. 16, Scott informed Continental it was no longer interested in the venture. Procedural History Was originally filed in Iowa Dist. Ct.; Scot removed it to Fed. Ct. on basis of diversity Fed. Dist. Ct.—Found for defendant; no contract had existed Contentions of Plaintiff Parties had entered into a binding oral contract during a phone
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John L. Kachelman, Contract Continental, Action Facts Breach, binding oral contract