Legal Opinion
Airmark, Inc. v. Advanced Systems, Inc.
Court of Appeals for the Fifth Circuit
Decided September 23, 1983No. 83-1138PublishedCited by 5 opinions
1Per curiam
Airmark appeals from the district court’s sua sponte grant of summary judgment in its diversity action against Advanced Systems for breach of contract. Agreeing with Airmark’s contention that the entry of sum mary judgment was improper, we reverse and remand.
In July 1975 Airmark’s predecessor in interest (Trion, Inc.) and Advanced Systems entered into a contract whereby Advanced Systems agreed to act as a nonexclusive selling agent. A clause of the contract provided:
The term of this agreement shall be for three years from date hereof, renewable for one year terms at Agent’s option, provided…
2Cases cited5 opinions
- Sun Oil Co. (Delaware) v. MadeleyTexas Supreme Court · 1981
- Paragon Resources, Inc. v. National Fuel Gas Distribution CorporationCourt of Appeals for the Fifth Circuit · 1983
- Aetna Life & Casualty Co. v. GunnTexas Supreme Court · 1982
- Startex Drilling Company, Inc. v. Sohio Petroleum CompanyCourt of Appeals for the Fifth Circuit · 1982
- Fritz v. Tejas Gas Corp.Court of Appeals of Texas · 1982
3Cited by5 opinions
- Ideal Mutual Insurance Co. v. Last Days Evangelical Ass'nCourt of Appeals for the Fifth Circuit · 1986
- Ideal Mutual Insurance Co. v. Last Days Evangelical Association, Inc.Court of Appeals for the Fifth Circuit · 1986
- Veit Hanssen v. Qantas Airways LimitedCourt of Appeals for the Fifth Circuit · 1990
- Carbonic Products Company v. Welding & Cutting Supply Company, a a Wholly-Owned Subsidiary of Union CarbideCourt of Appeals for the Sixth Circuit · 1987
- Veit Hanssen v. Qantas Airways LimitedCourt of Appeals for the Fifth Circuit · 1990