Rycon Speciality Foods, Inc. v. Wellshire Farms, Inc

2011 WL 1343398 (2011)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Rycon (P) sued Wellshire (D) to collect the sum of $229,584.53 on invoices allegedly owed. P contracted with D, a New Jersey firm, to distribute 'hormone free cheese products' produced by P. D failed to pay a series of invoices, and now owed P $229,584.53, and amount owed that P claimed was undisputed. D filed an Answer with Affirmative Defenses and Counterclaims of Breach of Contract, Wrongful Interference with Business Relations, Misrepresentation, and Unjust Enrichment. D asserted that P had breached an oral agreement between the parties. Under the terms of this agreement, D served as the exclusive and master distributor of all of P's hormone free cheese products. D alleged that P had violated this agreement, and committed tortious acts by selling hormone free cheese to others without channeling those sales through D. D claims that the agreement with P for being a master distributor is an oral or implied in fact contract. The discovery wanted P to turn over all its customer lists, banking contracts and relationships with other distributors and all pricing documents, etc. P opposes these far-ranging discovery requests stating that, with the dissolution of their prior business dealings, P and D are now competitors in the hormone-free cheese distribution industry. P contends the demands to prove the oral or implied relationship are too speculative and that P seeks confidential, proprietary trade information relating to financing, marketing, pricing, and distribution of products.