Nancy's Product, Inc. v. Fred Meyer, Inc.
Court of Appeals of Washington
1Opinion of the CourtThompson, J.
Fred Meyer, Inc., seeks discretionary review of the denial of its summary judgment motion to dismiss the lawsuit brought by Nancy's Product, Inc. (Nancys). The denial was conditioned upon reduction of any judgment Nancys recovered by the amount awarded Bette Bergin in a prior lawsuit. We affirm the denial of summary judgment but reverse the setoff condition.
Nancys was incorporated in Washington in 1986 as "Nancys' Product, Inc." It produced and marketed a variety of food products, including salads. Nancys and Fred Meyer, Inc., entered into an oral agreement whereby Fred Meyer would produce…
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