(DOWNLOAD) "Hawthorn-Mellody, Inc. v. Driessen" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Hawthorn-Mellody, Inc. v. Driessen
- Author : Supreme Court of Kansas
- Release Date : January 26, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The opinion of the court was delivered by This case involves litigation over a dairy products
distributorship contract. The plaintiff-appellee,
Hawthorn-Mellody, Inc. is a producer of milk products.
Hawthorn-Mellody is a successor corporation to the Meyer Sanitary
Milk Company, having been assigned all of Meyer Sanitary's assets
and having assumed all of its liabilities as of December 31,
1967. The appellants-defendants are William G. Driessen and his
wife, Marion V. Driessen. William Driessen, a resident of
Wisconsin, had been engaged in the retail dairy business since
1935. Meyer Sanitary Milk Company needed a distributor for its
products in a territory covering portions of southeastern
Kansas, western Missouri and northern Oklahoma. In August of 1966 representatives of Meyer Sanitary Milk
Company made contact with Mr. Driessen in Wisconsin where
negotiations took place for the purchases of milk distributorship
by Driessen covering the territory described above. Driessen also
came to Kansas for discussions about the proposal. A written
distributorship contract was entered into between Meyer Sanitary
Milk Company and William Driessen dated September 1, 1966. In
order to carry out the distributorship, Driessen purchased trucks
and other personal property from Meyer Sanitary. In making this
purchase Driessen paid a substantial sum of money to Meyer
Sanitary and executed along with his wife a promissory note in
the amount of approximately $48,000. This note was secured by a
security agreement covering the trucks and other personal
property. Driessen commenced operations under his milk
distributorship and proceeded to purchase quantities of milk
products for resale in his territory, originally from Meyer
Sanitary and later from its successor, Hawthorn-Mellody. For
reasons not clear from the record the milk distributorship was
not a financial success. The Driessens were unable to meet their
payments on the promissory note and also failed to pay for milk
products purchased on the open account with Hawthorn-Mellody.
Driessen operated the distributorship for a period of about 27
months after the contract was executed. In November of 1968 the
defendant, Driessen, gave up the ghost and closed the business.
By agreement of the parties the defendants returned the trucks
and other personal property of the business to Hawthorn-Mellody
and assigned the accounts receivable to Hawthorn-Mellody. After
crediting these items on the Driessens' note and the open account
there remained a substantial balance due and owing. At this point
the litigation began.
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