Miller v. San Francisco Newspaper Agency

Defendant, San Francisco Newspaper Agency (hereafter agency), appeals from an order granting a preliminary injunction prohibiting it from terminating two newspaper distribution contracts entered into with one John Conway, deceased (hereafter Conway or dealer). The action was brought by Conway’s daughter, Sharon A. Miller (hereafter Miller), as Executrix of the Conway Estate. Miller, the sole beneficiary under her father’s will, claims a 50 percent undivided interest in the distribution contracts, her mother, Marcelle Conway, retaining the other 50 percent undivided interest by virtue of the contracts’ community property character. Miller has successfully operated the newspaper distributorships since the time of her father’s death.

The agency argues, inter alia, that the trial court abused its discretion in concluding that the dealership contracts survived Conway’s death. Pertinent to this argument are two findings contained within the court’s “Order re Preliminary Injunction.” (1) “The contracts in question . . . are silent with regard to the rights and obligations of the parties in the event of the death of the dealer;” and (2) “It is the Court’s opinion that there is…