Legal Question in Business Law in Wisconsin

If a company buys and sells product from a manufacturer, reselling to a customer, without a written contract, can the manufacturer bypass the company and sell directly to the customer?

While no contract exists, emails about the customer being brought to the manufacturer exist and invoices have been paid to the manufacturer by the company for over a year. Is this legal?

Asked on 5/23/11, 4:16 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the law favors free and unfettered competition. In the absence of an exclusive dealing arrangement made between the company and the manufacturer (and there does not appear to be one from the facts stated) the customer is up for grabs. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 5/29/11, 9:28 am

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