Sanyo Electric, Inc. v. Albright Distributing Co.

PARKER, Judge.

Although the appeal is interlocutory because the trial judge left unresolved the question of storage fees, we will, in the exercise of our discretion under Rule 2, Rules of Appellate Procedure, consider the merits of plaintiffs appeal.

According to defendant’s evidence presented through affidavits, admissions and pleadings, plaintiff solicited defendant to act as sole distributor for kerosene heaters in a geographic area. In the fall of 1982 plaintiff convinced some of defendant’s customers to buy kerosene heaters directly from plaintiff. In the winter of 1982 plaintiff agreed to…