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deTREVILLE v. OUTBOARD MARINE CORPORATION

No. 15153.

439 F.2d 1099 (1971)

B. E. deTREVILLE, Jr., d/b/a the Sports Center, Appellant, v. OUTBOARD MARINE CORPORATION, Evinrude Motors Division, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 25, 1971.

Attorney(s) appearing for the Case

Carl C. Hendricks, Jr., Beaufort, S. C. (John W. Hendrix, Savannah, Ga., on the brief), for appellant.

William M. Bowen, Beaufort, S. C. (Dowling, Dowling, Sanders & Dukes, P. A., Beaufort, S. C., on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Circuit Judge, and MERHIGE, District Judge.

HAYNSWORTH, Chief Judge.

The plaintiff appeals from the granting of summary judgment for the defendant in his action for wrongful termination of a dealer franchise agreement. Because judgment was granted on the basis of misapprehension of the requirements of the plaintiff's cause of action, we must reverse.

The complaint alleged that deTreville had been a franchised Evinrude dealer for some nine years under annual dealership contracts, the most recent renewal...

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