Nature of the Case
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Facts
The parties have admitted in their joint pretrial order that: P is an Arizona corporation with its principal place of business in Phoenix, Arizona. D is a New York corporation with its principal place of business in Miami, Florida. P is engaged in the wholesale wine and spirits business throughout the State of Arizona. D is an importer and marketer of distilled spirits and is a subsidiary of Hiram-Walker-Gooderham & Worts Limited. The term 'Taylor products' means Courvoisier cognac, Drambuie and Tia Maria liqueurs, Old Smuggler scotch, Makers Mark bourbon, and Booth's gin. P became a distributor of D products in Arizona as of August 1, 1985, following the acquisition by P of the assets and liabilities of D's former distributor in Arizona known as All American Distributing Co., Inc. D agreed to accept P as a distributor of D products in Arizona as of August 1, 1985. There was no written distributorship or franchise agreement. On or about August 11, 1987, D gave written notice to P that its distributorship with respect to D products in Arizona would be terminated 'within ninety days.' On or about September 17, 1987, D appointed McKesson Wine and Spirits, Inc. as a distributor of D products in Arizona. P distributes the products of approximately 40 suppliers in addition to D. Approximately 94 percent of P's business by dollar value -- and approximately 97 percent by case volume -- derives from suppliers other than D. P believes that D products create additional revenue through their ability to 'open doors' and attract sales of other products. Prior to P's termination by D, D never threatened termination of P, nonetheless, notice was given to P in unequivocal terms that D's top management was dissatisfied with important aspects of P's performance. D made his decision to terminate based primarily on dissatisfaction with P's sales results.
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