Parker Marking Systems, Inc. v. Diagraph-Bradley Industries, Inc.

MARTIN, Judge.

Contending that genuine issues of material fact exist, plaintiff assigns error to the entry of summary judgment dismissing its claim. We conclude that there are unresolved issues of fact, the determination of which is material to the issue of whether the parties intended that the 1976 agreement be terminable at will, and if not, whether Diagraph had the right to terminate under the express terms of the agreement.

It is by now a fundamental principle of law that summary judgment should be granted only when the materials submitted to the court establish that there is no genuine…