Federal 7th Circuit Court
Civil Court
Contracts
Dist. Ct. erred in granting defendant's motion for summary judgment in action to recover $200,000 "break-up" fee under contract where plaintiff alleged that defendant acted in bad faith in terminating negotiations for sale of defendant's business prior to end of exclusive negotiating period set forth in parties' agreement. While defendant continued to negotiate beyond deadline set forth in agreement for consummating sale of business, entry of summary judgment was not proper where record also contained evidence from defendant's owner indicating that he did not want to go through with proposed sale, as well as owner's insistence on additional demands designed to preclude any possibility of closing proposed sale.