Ben-Zvi

Ben-Zvi v. Edmar Co.

Good Law
1995 Cal. App. LEXIS 1144·40 Cal. App. 4th 468·47 Cal. Rptr. 2d 12·95 Cal. Daily Op. Serv. 8888
Court of Appeal of CaliforniaNovember 20, 1995B085025California1,977 words

Opinion

Opinion

Yegan, J.

Appellant Sara Ben-Zvi was the exclusive distributor in Israel of embroidery thread and other products manufactured by respondent Edmar Company, a business located in Ventura County and owned by respondents Edson and Maria Freitas. Edmar terminated its contract with appellant when it learned that she had moved from Israel to the United States.

The trial court, sitting without a jury, entered judgment in favor of Edmar because it found that the parties “contemplated and intended” appellant would remain in Israel throughout the term of the contract and that her move to the United States provided “sufficient cause” for termination.

Appellant contends the trial court erred when it implied a contract term requiring her to reside in Israel. Edmar argues the trial court correctly found that appellant abandoned the agency by moving to the United States, failing to personally perform any services for Edmar, and “infuriating” appellant’s agent in Israel. We reverse.

Facts

Appellant’s husband Jakov negotiated the distribution contract with Ed-mar on her behalf. He told respondents that appellant intended to teach embroidery classes using their products and that she wanted an…

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