Legal Question in Business Law in Missouri

Breech of Contract

I have an exclusive national contract.Company sells my existing accounts saying they were not aware of such contract and they state the contract I provided them, expired. They state that the wording ''This agreement may be cancelled at any time with 30 days notice delivered via courier service to other party'' is not binding.No notice was ever submitted. Both people involved with this contract are no longer employed by the company.Present contacts with this company are new do their positions and state that a new contract,if any, has to be written with no exclusivity or confidentiality of my account base guaranteed or protected. Millions of dollars envolved and my company's reputation is as risk.Do I have clear cut case of breech of contract?


Asked on 4/25/05, 2:44 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Breech of Contract

Nothing is ever clear cut when you get lawyers involved, but it does sound like a case worth investigating. Even though a person may not be employed with a company any longer, as long as that person had authority to sign at the time that he signed, the company should be bound by the agreement they made.

You need an attorney who is reasonably proficient in the area of business disputes and who can help you achieve a good result, not necessarily the most obnoxious or "meanest" litigator.

We are always happy to discuss these kinds of cases, or if you prefer, we could give you the names of several other attorneys who work in this area.

Feel free to contact me if you like.

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Answered on 4/25/05, 2:52 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Breech of Contract

Any competent attorney who is experienced with contract litigation will insist upon reading the entire contract, reviewing all available information and conducting at least a modest amount of legal research before providing you with expert legal advice regarding your rights and your potential cause of action. Based upon the information contained in your post, I would agree that your situation deserves to be looked into. I have been practicing law for twenty-seven years and I have handled a wide variety of business litigation and contractual disputes. If you would like a free telphone consultation you may call me at 314-727-2822.

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Answered on 4/25/05, 10:29 pm


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