McDonald's Corp. v. Markim, Inc.

I must respectfully dissent from the majority in this case. The majority has concluded that the requirement of paragraph 20 of the agreement that McDonald’s will give first consideration for an additional franchise merely requires McDonald’s to, in good faith, mull the matter over in its mind. I do not believe *59that either the language of that provision or the obvious intent of the parties can support such a conclusion.

The language of the agreement is, in my mind, clear and unambiguous. The pertinent portion provides: “If at the end of the franchise term of twenty years the premises are…