In re Spradlin

1 Citing case

  1. Certified Restoration Dry Cleaning Network v. Tenke

    Case No. 07-10341 (E.D. Mich. May. 27, 2008)   Cited 3 times
    Finding equitable extension is only warranted where "1

    Plaintiff also argues that there is no evidence of prior business relationships in any event, even thought it contends the Court should reach the issue because the contract language is clear. In response, Defendants ignore the express terms of the contract and simply rely on Perceptron, Inc. v. Sensor Adaptive Machines, Inc., 221 F.3d 913 (6th Cir. 2000) and In re Spradlin, 274 B.R. 701 (Bankr. E.D. Mich. 2002) to support their position that they are entitled to the carve-out they seek. Defendants argue that here, "CRDN paid Tenke nothing to purchase the customer goodwill of Lewis Construction, Inc., National Fire Repair or any other pre-franchise customer of Tenke." (Defs.' Br. at 5).