ARNOLD PALMER GOLF CO. v. FUQUA INDUSTRIES, INC.

No. 75-1964.

541 F.2d 584 (1976)

ARNOLD PALMER GOLF COMPANY, Plaintiff-Appellant, v. FUQUA INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 31, 1976.


Attorney(s) appearing for the Case

Edward D. Crocker, David G. Coleman, Arter & Hadden, Cleveland, Ohio, for plaintiff-appellant.

Ellis H. McKay, Jones, Day, Reavis & Pogue, Cleveland, Ohio, for defendant-appellee.

Before McCREE, LIVELY and ENGEL, Circuit Judges.


McCREE, Circuit Judge.

This is an appeal from the district court's grant of summary judgment in favor of defendant Fuqua Industries, Inc. (Fuqua) in an action for breach of contract. The district court determined that a document captioned "Memorandum of Intent" and signed by both parties was not a contract because it evidenced the intent of the parties not to be contractually bound. We reverse and remand for trial.

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