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B.R. WOODWARD MARKETING v. COLLINS FOOD

No. 860161-CA.

754 P.2d 99 (1988)

B.R. WOODWARD MARKETING, INC., a Utah corporation, Plaintiff and Appellant, v. COLLINS FOOD SERVICE, INC., a Delaware corporation licensed to do business in Utah, and Collins Food International, a Delaware corporation, Defendants and Respondents.

Court of Appeals of Utah.

May 13, 1988.

Attorney(s) appearing for the Case

Michael A. Neider, Richard L. Halliday (argued), Neider & Hutchison, Salt Lake City, for plaintiff and appellant.

David W. Slagle, Damian C. Smith, Ryan E. Tibbetts (argued), Snow, Christensen & Martineau, Salt Lake City, for defendants and respondents.

Before ORME, JACKSON, and GREENWOOD, JJ.

OPINION

ORME, Judge:

Plaintiff, B.R. Woodward Marketing, Inc. ("Woodward"), appeals from the district court's grant of summary judgment to defendants Collins Food Service and Collins Food International ("Collins"). The court held that, given the undisputed facts, plaintiff had waived any right it may have had to certain commissions under a sales agreement between the parties. We affirm.

I. FACTS

Woodward and Collins entered into a Sales...

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