Legal Opinion

Walter E. Heller & Company Southeast, a Georgia Corporation v. Riviana Foods, Inc., a Delaware Corporation

Court of Appeals for the Fifth Circuit

Decided June 26, 1981No. 80-5893PublishedCited by 16 opinions

1Opinion of the Court

OPINION

2Per curiam

Defendant, Riviana Foods, Inc. (hereinafter “Riviana”), entered into a warehouse agreement with Bill Amos Brokerage Co., Inc., (hereinafter “debtor” or “Amos”), by which it would deliver foods to Amos for storage and delivery to defendant’s military customers. When these goods were sold by defendant’s military sales brokers, defendant would notify Amos to deliver the merchandise to its customers, and upon proper pi oof of delivery defendant would pay Amos a sum equal to 6V2% of the invoice price. There is no dispute that under this agreement Bill Amos was not permitted to sell and…

3Cases cited4 opinions

  1. GBS Meat Industry Pty. Ltd. v. Kress-Dobkin Co.District Court, W.D. Pennsylvania · 1979
  2. General Electric Co. v. Pettingell Supply Co.Massachusetts Supreme Judicial Court · 1964
  3. Allgeier v. CampisiCourt of Appeals of Georgia · 1968
  4. Manufacturers Acceptance Corp. v. Penning's Sales, Inc.Court of Appeals of Washington · 1971

4Cited by16 opinions

  1. Robbins v. Comerica Bank-Detroit (In Re Zwagerman)United States Bankruptcy Court, W.D. Michigan · 1990
  2. First National Bank of Blooming Prairie v. OlsenCourt of Appeals of Minnesota · 1987
  3. Armor All Products v. Amoco Oil Co.Wisconsin Supreme Court · 1995
  4. Glenshaw Glass Company, a Pennsylvania Corporation v. Ontario Grape Growers' Marketing Board Agricultural Products Board of Agriculture CanadaCourt of Appeals for the Third Circuit · 1995
  5. In Re Key Book Service, Inc.United States Bankruptcy Court, D. Connecticut · 1989

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