Emirat AG v. WS Packaging Group, Inc.

Dist. Ct. did not err in granting defendant’s motion for summary judgment in plaintiff’s action alleging that defendant breached terms of contract that plaintiff had with third-party to produce scratch-off phone cards that contained game of chance for plaintiff’s customers. Record showed that defendant had contracted with third-party to produce said cards. While plaintiff alleged that said contract required defendant to produce cards that would not allow customers to “candle” or determine under any procedure what was under coating on cards without scratching off said coating, and that said “zero candling” was only acceptable standard for production of said cards, Ct. rejected plaintiff’s argument and found no breach of contract, since said standard was not mentioned in either contract between plaintiff and third-party or between third-party and defendant, and that both contracts were silent on issue of candling. Moreover, plaintiff’s experts conceded that said cards matched or exceeded trade association standard that provided that scratch off card presented security risk only if it could be candled in five minutes or less.