PROFESSIONAL GOLF COMPANY

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FIRST FLIGHT ASSOCIATES, INC. v. PROFESSIONAL GOLF COMPANY, INC

 

 

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FIRST FLIGHT ASSOCIATES, INC. and Robert G. Wynn,

Plaintiffs-Appellants, Cross-Appellees,

v.

PROFESSIONAL GOLF COMPANY, INC. and John M. Tucker,

Defendants-Appellees, Cross-Appellants.

Argued

Decided

Group Members:

 

Reem Laayouni

Amy Lai

Yingshan Li

Zhenjiang Li

 

 

 

Important Facts

Dispute between sales representative and the manufacturers of golf clubs and balls in Japan

Controversial agreement between Pro Golf and the FFA

 

 

 

 

Issue

There was a dispute that arose between the sales representative and the manufacturers golf clubs in Japan because they did not have a formal contract

They entered into a second agreement that was in law a trademark license.

The dispute that arose between them was over the trademark license

The investigations have disclosed that the manufacturer’s registrations in Japan were incomplete.

The termination of the contract without an agreement being reached between the two parties as to how to execute the termination process formed the basis of the controversy.

 

 

 

Rules

Pro Golf’s Termination of the Sales Representation Contract

 

Trade Libel and Inducement of Contract Breach

Commission

 

 

 

 

 

 

Application of the rule of law to facts

The initial 1961 agreement between the Wynn and Pro Golf indicated that it would continue for as long as the parties carried out satisfactory business.

On March 6, 1973, Pro Golf notified Wynn of the termination that was to be effective at the end of July 1973.

Wynn opposed the notice stating that it would be rightful only if it was a 5-month notice

The Court held that Pro Golf was justified in wanting to terminate the contract by notice because the Contract was silent on the time of termination;

hence it was terminable by will with reasonable notice by either party.

Lack evidence on constitute trade libel or defamation.

FFA was entitled to commissions on the orders placed, but not shipped, prior to contract termination.

FFA’s commissions should not earned on the date Pro Golf received the orders, obtained and forwarded by FFA

 

 

 

 

Conclusion

Accordingly, the decision of the district court is in all respects affirmed.

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