Hunter Mining Laboratories v. Management Assistance

763 P.2d 350 (1988)

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Hunter Mining Laboratories v. Management Assistance

Nevada Supreme Court
763 P.2d 350 (1988)

RW

Facts

Hubco Data Products Corporation (Hubco) (defendant) distributed computer products manufactured by Management Assistance, Inc. (MAI) (defendant). The distributorship agreement required Hubco to maintain appropriate premises and report regularly on Hubco sales and management changes. The agreement allowed MAI to monitor Hubco’s advertising and gave MAI the right to terminate Hubco’s distributorship under specified circumstances. The agreement also specifically disclaimed any ability on Hubco’s part to create contractual relationships between MAI and Hubco’s customers. Hubco and Hunter Mining Laboratories, Inc. (Hunter) (plaintiff) contracted for the sale and purchase of MAI equipment, which Hubco agreed to install. Before fulfilling its contract obligations, Hubco went out of business. Hunter sued Hubco and MAI, and the trial jury entered judgment in Hunter’s favor. The trial court granted MAI’s motion for a judgment notwithstanding the verdict (JNOV), finding that there was no agency relationship between Hubco and MAI that could justify holding MAI responsible for Hubco’s breach of contract. Hunter appealed to the Nevada Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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