The Hammer Corp. v. Wade

The terms of the parties' promissory note arising out of the sale of a portion of plaintiff's ephedrine distribution market to defendants limited the plaintiff's remedy for breach of contract to seeking the return of its assets.

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The Hammer Corporation “Hammer” sued Betty Wade, Scott Wade, Contract Packaging Resources, Inc., Village Consumer Products LLC, and Biotek Pharmaceuticals, Inc. collectively, “the defendants”, seeking damages for breach of contract. Hammer also sought to hold the Wades personally liable for tortious interference with contract. Following cross-motions for summary judgment, the trial court ruled that Hammer’s remedy for breach of the agreement was limited by the terms of the contract and thus it could not recover the damages it sought. Accordingly, the trial court granted the defendants’ motion for summary judgment as to breach of contract. The trial court also rejected Hammer’s claim against the Wades, finding that it lacked personal jurisdiction over the individual defendants and that a tortious interference claim would not lie because the Wades were not strangers to the contract. Hammer appeals these rulings. Finding no error, we affirm. A trial court properly grants summary judgment when no genuine issues of material fact remain and the movant is entitled to judgment as a matter of law.1 “We review a trial court’s summary judgment ruling de novo, construing the facts and all reasonable inferences in favor of the nonmoving party.”2

So viewed, the record shows that Hammer, which is solely owned by Armand Kramedjian, distributed “list one” ephedrine products. Initially, Contract Packaging made the packaging for the products. However, the Wades, who were the officers and directors of Contract Packaging, decided to purchase a portion of the Hammer Corporation’s ephedrine distribution market, and the Wades formed Village Consumer Products for this purpose.

The Hammer Corp. v. Wade

The terms of the parties' promissory note arising out of the sale of a portion of plaintiff's ephedrine distribution market to defendants limited the plaintiff's remedy for breach of contract to seeking the return of its assets.

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