Thor Seafood Corp. v. SUPPLY MANAGEMENT SERVICES

Proceedings: (IN CHAMBERS) DEFENDANT AND COUNTER-CLAIMANT SUPPLY MANAGEMENT SERVICES, INC’S AND AFC ENTERPRISES, INC’S MOTION FOR SUMMARY JUDGMENT (DE 32 and 35)

I. INTRODUCTION

Thor Seafood Corporation, Inc. (“Plaintiff’ or “Thor”), a frozen seafood supplier, brings this action against Supply Management Services, Inc. (“SMS”), and AFC Enterprises, Inc. (“AFC”) (collectively “Defendants”), for breach of contract. Jeffrey Spotz is the president of SMS and was the vice president of AFC. Charles Maxwell is the president of Thor.

Unless otherwise stated, the following facts are uncontroverted:

On March 10, 2001, SMS contracted with Plaintiff to supply crawfish (“Supply Agreement”) for use by AFC, which owns the Popeyes Chicken & Biscuits restaurant chain (SMS is a nonprofit corporation but essentially functions as a purchasing arm for AFC). The Supply Agreement between Plaintiff and SMS specified a three year term, from July 1, 2001 through June 30, 2004, and required Plaintiff to supply 12 containers of crawfish to SMS each year. The Supply Agreement terms defined a year as running from July 1 through June 30. The contract stated that SMS had “the option to adjust quantity of…