Burford v. Accounting Practice Sales, Inc.

Dist. Ct. erred in granting defendants’ motion for summary judgment in action alleging that defendants wrongfully terminated contract with plaintiff calling for plaintiff to market and facilitate purchase and sale of accounting practices on behalf of defendants. While Dist. Ct. based ruling on finding that plaintiff could not prevail on contract claim because instant contract was of indefinite duration, and thus was terminable at will by either party, terms of contract actually provided that it could be terminated by defendants only if plaintiff had violated terms of agreement. As such, defendants could not prevail on summary judgment because parties had contracted around default rule that makes indefinite contracts terminable at will by either party.