Division Six Sports, Inc. v. The Finish Line, Inc.

Dist. Ct. did not err in dismissing plaintiff’s breach of contract action for failure to state cause of action, after finding that contract was not in force at time of alleged breach. While plaintiff argued that operative contract allowing it right to exclusively purchase defendant’s surplus sportswear was in force at time defendant allowed others to purchase said surplus sportswear, clear language of contract indicated that renewal provision did not apply to last extension of contract. As such, defendant could properly do business with third-party regarding sale of its surplus sportswear, since said sales to third-party occurred after expiration of contract.