White v. JM Brown Amusement Co., Inc.

Chief Justice TOAL:

The court of appeals reversed the trial court’s grant of summary judgment to Phillip W. White and Little General Food Stores, Inc. (collectively “White”). White v. J.M. Brown Amusement Co., Op. No.2003-UP-161 (S.C. Ct.App. filed February 27, 2003). We granted White’s petition for a writ of certiorari to review that decision and now reverse.

FACTUAL/PROCEDURAL BACKGROUND

In 1992, White and J.M. Brown Amusement Co. (“Brown”) entered into a contract giving Brown exclusive rights to place “certain coin-operated amusement machines” in thirteen of White’s stores — which Brown did —…