International Distributing Corp. v. American District Telegraph Co.

Opinion for the Court filed by ROBB, Circuit Judge.

ROBB, Circuit Judge:

This case arises from the theft of thousands of dollars worth of merchandise from a liquor store operated by International Distributing Corporation (IDC). IDC sued American District Telegraph Corporation (ADT), the company which provided a burglar alarm service to IDC. The theory of the suit was that two of ADT’s employees committed the thefts.

The District Court granted summary judgment to the plaintiff (IDC) on the count of the complaint which alleged a breach of contract but granted summary judgment to the defendant…