JACK JACOBS, INC. v. ALLIED SYSTEMS CO.

Nos. 40-497, 41-413; CA A27230.

683 P.2d 1011 (1984)

JACK JACOBS, INC., an Oregon Corporation, Respondent, v. ALLIED SYSTEMS COMPANY, an Oregon Corporation; and Marine Crane, Inc., an Oregon Corporation, Appellants, John D. Jacobs and Roy Weber, Respondents. (Two Cases.)

Court of Appeals of Oregon.

Argued and Submitted February 22, 1984.


Attorney(s) appearing for the Case

Arden E. Shenker, Portland, argued the cause for appellants. With him on the briefs were Elizabeth A. Trainor, Montgomery W. Cobb, and Tooze Kerr Marshall & Shenker, Portland.

Donald R. Stark, Portland, argued the cause for respondents. With him on the brief were Barry L. Adamson, Michael D. Williams, and Williams, Stark, Hiefield and Norville, P.C., Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Defendants1 design and manufacture marine cranes. Plaintiff2 was the exclusive distributor of the cranes in the United States and Canada. Under the terms of the exclusive distributorship agreement, plaintiff was required to "purchase and pay for" 4.5 million dollars in "minimum net dollar sales" in calendar year 1979, the first year of that agreement. If plaintiff failed to meet the minimum sales...

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