Jonibach Management Trust v. Wartburg Enterprises, Inc.

CARL E. STEWART, Chief Judge:

This appeal arises from the district court’s grant of summary judgment for Plaintiff-Appellee Jonibach Management Trust, trading as Bumbo International Trust (“Bumbo”), on counterclaims by Wartburg Enterprises, Inc. (“Wartburg”) alleging breach of contract. For the rea sons herein, we affirm in part and reverse in part.

I

From 2003 to 2010, South African company Bumbo sold plastic baby seats to a United States distributor, Wartburg, which in turn supplied them to retailers including Wal-Mart, Toys “R” Us, and Babies “R” Us. There was never any written contract…