J.M. Leasing, Inc. v. The J.M. Smucker Co.

61 F.3d 911 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. J.M. LEASING, INC., Plaintiff-Appellant, v. The J.M. SMUCKER CO., Defendant-Appellee. No. 94-55248. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 8, 1995. Decided July 25, 1995. Before: WALLACE, Chief Judge, and KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM * 2 1. The district court did not err in granting judgment to defendant J.M. Smucker on the breach of contract claim. As the basis for all but two of its theories under this count, plaintiff J.M. Leasing relies on contract language that is either entirely nonexistent or "too vague and indefinite to give rise to an enforceable contractual duty." Ladas v. California State Auto Ass'n, 23 Cal. Rptr. 2d 810, 814 (Cal. Ct. App. 1993). JM's assertion that Smucker's entire course of conduct constituted bad faith was conclusory and unsubstantiated. JM's subsequent argument that Smucker terminated the contract in bad faith is unavailing…