# Limb v. Federated Milk Producers Association

> Utah Supreme Court · November 12, 1969 · 23 Utah 2d 222

URL: https://www.frixlaw.com/law-library/cases/9541547

## Case

- **Full name:** A. J. LIMB, Dba Limb Realty, Plaintiff and Appellant, v. FEDERATED MILK PRODUCERS ASSOCIATION, Inc., Federated Dairy Farms, Inc., and Kenneth T. Allred, Defendants and Respondents
- **Court:** Utah Supreme Court
- **Decided:** November 12, 1969
- **Citations:** 23 Utah 2d 222; 461 P.2d 290; 1969 Utah LEXIS 525
- **Precedential status:** Published
- **Opinion:** Concurrence by Callister
- **Judges:** Ellett, Crockett, Callister
- **Cited by:** 35 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9541547

## Opinion text

CALLISTER, Justice
(concurring in the result).
I concur in the result of the majority opinion, but premise my reason upon a different ground. The contract specifies that it can be terminated by either party at any time, and there is no provision as to a requirement of notice.
A requirement that notice be given will not be read into a contract providing that it may be terminated by either party at any time but containing no provision as to notice of termination. * * * 1
The acts and conduct of the parties were inconsistent with the alleged continued existence of the contract, and the trial court properly granted summary judgment to defendants.
. 17 Am.Jur.2d, Contracts, § 498, p. 972.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9541547. Public record. Not legal advice.