Quality Beverage Co. v. Sun-Drop Sales Corp. of America

DECISION ON MOTION

MYRON L. GORDON, District Judge.

The defendant has moved to dismiss the complaint in which the plaintiff seeks damages resulting from an alleged breach of contract. The complaint alleges that the parties entered into a “Bottler’s License Agreement” on or about July 22, 1965 whereby the defendant, as licensor, was to grant to the plaintiff the exclusive right to bottle and distribute “Sun Drop and/or Golden Girl Cola” under the defendant’s trademarks in Wisconsin. The complaint alleges that despite compliance by the plaintiff, the defendant attempted to cancel the agreement on…