Someday Baby, Inc. v. Entertainment Int'l.

Court of Appeals of Tennessee

Someday Baby, Inc. v. Entertainment Int'l.

DecidedJanuary 28, 1998

Docket01A01-9705-CH-00228

StatusPublished

This text of Someday Baby, Inc. v. Entertainment Int'l. (Someday Baby, Inc. v. Entertainment Int'l.) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Someday Baby, Inc. v. Entertainment Int'l., (Tenn. Ct. App. 1998).

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Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE FILED January 28, 1998 SOMEDAY BABY, INC., ) ) Cecil W. Crowson Plaintiff/Appellee, ) Appellate Court Clerk ) Davidson Chancery VS. ) No. 95-1389-II ) ENTERTAINMENT INTERNATIONAL, ) Appeal No. INC., ) 01A01-9705-CH-00228 ) Defendant/Appellant. )

CONCURRING OPINION

While I concur with the results of the court’s opinion in this case, I have prepared this separate opinion to state my understanding of the court’s holdings. By concluding that Someday Baby, Inc.’s claims should be dismissed, the court has necessarily held (1) that, as a matter of law, the marketing agreement permits Entertainment International, Inc. to include its mini-catalogues in the packaging of “appropriate” products sold to retail outlets and (2) that Entertainment International, Inc. was entitled to a directed verdict on Someday Baby, Inc.’s breach of contract claim regarding the production of the infomercial. The only remaining claims to be addressed on remand are those asserted in Entertainment International, Inc.’s counterclaim.

_______________________________ WILLIAM C. KOCH, JR., JUDGE

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IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE FILED January 28, 1998 SOMEDAY BABY, INC., ) ) Cecil W. Crowson Plaintiff/Appellee, ) Appellate Court Clerk ) Davidson Chancery VS. ) No. 95-1389-II ) ENTERTAINMENT INTERNATIONAL, ) Appeal No. INC., ) 01A01-9705-CH-00228 ) Defendant/Appellant. )

CONCURRING OPINION

While I concur with the results of the court’s opinion in this case, I have prepared this separate opinion to state my understanding of the court’s holdings. By concluding that Someday Baby, Inc.’s claims should be dismissed, the court has necessarily held (1) that, as a matter of law, the marketing agreement permits Entertainment International, Inc. to include its mini-catalogues in the packaging of “appropriate” products sold to retail outlets and (2) that Entertainment International, Inc. was entitled to a directed verdict on Someday Baby, Inc.’s breach of contract claim regarding the production of the infomercial. The only remaining claims to be addressed on remand are those asserted in Entertainment International, Inc.’s counterclaim.

_______________________________ WILLIAM C. KOCH, JR., JUDGE

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Someday Baby, Inc. v. Entertainment Int'l., Counsel Stack Legal Research, https://law.counselstack.com/opinion/someday-baby-inc-v-entertainment-intl-tennctapp-1998.