Lawyer Commentary JD Supra United States Bama's Best Party Sales v. Tupperware

Bama's Best Party Sales v. Tupperware

Document Cited Authorities (12) Cited in Related
Bama's Best Party Sales v. Tupperware
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Bama's Best Party Sales v. Tupperware
Case: Bama's Best Party Sales v. Tupperware (1998)
Subject Category: Distributor Agreement
Agency Involved: Private Civil Suit
Court: Alabama Supreme Court
Alabama
Case Synopsis: Bama's Best sued Tupperware, alleging fraudulent conduct by Tupperware in inducing
the owners to purchases a distributorship that was less profitable than Tupperware represented.
Legal Issue: Did Tupperware commit fraud when inducing the plaintiffs to purchase a Tupperware
distributorship?
Court Ruling: The Court ruled that the jury properly found Tupperware not liable for fraud. The Blessings
bought a Tupperware distributorship in Alabama based on the representations of Tupperware that the
territory had not been effectively marketed to in the past, and that with effective marketing, the
distributorship would be profitable. After operating the distributorship for a number of years, the
Blessings realized that the distributorship had been effectively marketed to in the past and was not
profitable, and sued Tupperware for fraud. On Appeal, the Blessings argued that evidence was
improperly disallowed that would tend to show other fraudulent conduct by Tupperware. The Supreme
Court found that the evidence was properly excluded, but that the court improperly dismissed a
collateral claim against the previous owners of the distributorship.

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