Whitman's Candies, Inc. v. Pet Inc.

LOWENSTEIN, Judge.

This case involves the interpretation and breach of a contract — the Assets Purchase Agreement (“the Agreement”) — in which defendant and appellant Pet, Inc. (“Seller”) agreed to sell the assets of its Whitman’s Chocolates Division to plaintiff-respondent, a newly-formed corporation called Whitman’s Candies, Inc. (“Buyer”). This action is by Whitman’s, the Buyer, against Pet, the Seller, for breach of contract.

The facts, as indicated by the record and viewed in the light most favorable to the verdict, are as follows. In 1992, Pet, a large food company, decided to sell its…