McRae v. Publications International, Ltd.

MEMORANDUM AND ORDER

MARTEN, District Judge.

Brian McRae sued Publications International, Ltd. (PIL) for breach of a contract to supply 687,140 children’s ten-button sound books. PIL was closing out its inventory. McRae claims the defendant breached the contract by failing to supply 178,977 of the books by October 15, 1995. McRae also claims PIL breached a “right of first refusal” clause when it failed to offer to sell him 148,023 additional books which became available during the contract term.

McRae moved for summary judgment on the question of whether the contract was breached when the…