Citations
- 535 F. Supp. 661
Full opinion text
DECISION AND ORDER
TERENCE T. EVANS, District Judge.
This is an action for the recovery of amounts due for products supplied under a jobber contract. The defendants have counterclaimed for breach of contract, fraud, misrepresentation, and injury to business. Before me is the plaintiff’s motion for summary judgment on its claim and on all of the defendants’ counterclaims. The defendants have moved for leave to amend their answer to state a counterclaim for breach of fiduciary duty.
In 1976, the defendant corporation and its principal stockholder, defendant Robert J. Mally, became a “jobber” of the plaintiff’s petroleum product and related merchandise. Under the contract the plaintiff would sell petroleum products, such as diesel oil, heating oil, gasoline, motor oils, and automotive and industrial oils and greases, as well as other related merchandise, including tires, batteries and accessories (TBA), to the defendants who would then sell them to others. Subsequent to becoming an Amoco jobber, the defendant Mally, in 1977, purchased another jobbership located in Van-Dyne, Wisconsin, for $70,000 plus 1.5