Beermart, Inc. v. The Stroh Brewery Company

BAUER, Chief Judge.

Defendant, the Stroh Brewery Company, (“Stroh”) terminated its wholesale agree ment with plaintiff BeerMart, Inc., (“Beer-Mart”) because plaintiff intentionally sold overage beer in violation of the defendant’s marketing policies. Specifically, the plaintiff fraudulently repackaged outdated beer in an attempt to resell the mismarked product as fresh. BeerMart moved to enjoin Stroh from terminating the agreement on the ground that plaintiff and defendant had been transacting business for thirty-three years and that this misconduct was plaintiff’s first violation of Stroh’s…