Legal Opinion

Kauffman Stewart, Inc. v. Weinbrenner Shoe Co.

Court of Appeals of Minnesota

Decided March 2, 1999No. CX-98-1501PublishedCited by 13 opinions

1Opinion of the Court

OPINION

DAVIES, Judge.

Appellant argues that the termination provision of its “Agency/Advertiser Agreement” with respondent is ambiguous, illegal, and unconscionable. We conclude that appellant’s agreement to pay a preset amount to respondent in the event of voluntary termination of their contract is enforceable, and we affirm.

FACTS

In April 1994, appellant Weinbrenner Shoe Company, Inc., signed an “Agency/Advertiser Agreement” with respondent Kauffman Stewart, Inc., an advertising agency. In the agreement, appellant agreed to pay respondent a $15,000 “monthly retainer fee” for its services. The…

2Cases cited10 opinions

  1. Hume v. United StatesSupreme Court of the United States · 1889
  2. Turner v. Alpha Phi Sorority HouseSupreme Court of Minnesota · 1979
  3. Blattner v. ForsterSupreme Court of Minnesota · 1982
  4. Jadwin v. Minneapolis Star & Tribune Co.Supreme Court of Minnesota · 1985
  5. Telex Corporation v. Data Products CorporationSupreme Court of Minnesota · 1965

5 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Paduano v. Express Scripts, Inc.District Court, E.D. New York · 2014
  2. Reliastar Life Insurance Company v. Ioa Re, Inc. Swiss Re Life Canada, the Reinsurance Association, Amicus on Behalf OfCourt of Appeals for the Eighth Circuit · 2002
  3. S O Designs USA, Inc. v. Rollerblade, Inc.Court of Appeals of Minnesota · 2000
  4. Wold v. Dell Financial Services, L.P.District Court, D. Minnesota · 2009
  5. Porch v. General Motors Acceptance Corp.Court of Appeals of Minnesota · 2002

8 more not listed; retrieve them via the Exa API.

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