VALTROL, INC. v. GENERAL CONNECTORS CORP.

No. 88-2628.

884 F.2d 149 (1989)

VALTROL, INC., Plaintiff-Appellant, v. GENERAL CONNECTORS CORPORATION, Defendant-Appellee, and Bestobell, PLC; Bestobell USA, Inc.; Bestobell UK Limited; Richards Industries, Inc.; W.K. Hile Co., Inc.; Virginia Control Equipment Co., Inc., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 1, 1989.

Rehearing Denied September 26, 1989.


Attorney(s) appearing for the Case

Jack W. Lawrence, Lawrence & Shaw, P.A. (Stanley T. Case, Butler, Means, Evins & Brown, on brief), for plaintiff-appellant.

Orville Gilbert Calhoun (Robert C. Wilson, Jr., Haynsworth, Marion, McKay & Guerard, on brief) for defendant-appellee.

Before RUSSELL and WILKINSON, Circuit Judges, and HADEN, Chief United States District Judge for the Southern District of West Virginia, sitting by designation.


WILKINSON, Circuit Judge:

This case involves interpretation of an exclusive distributorship agreement between a national supplier and local distributor of steam trap equipment. We must determine whether the supplier's cessation of business gives rise to a cause of action for breach of contract or a remedy for recoupment damages. In the absence of contractual intent to the contrary, we hold that the distributor and supplier here together bore the risks and rewards...

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