Belfance v. Standard Oil ( 1990 )

BAIRD, J.,

dissenting in part.

As to the issue raised in Assignment of Error II, it is my impression that its decision in Conrad, supra, aligned this court with what I perceive to be the majority rule, and the one set forth in the Restatement of the Law 2d, Contracts (1981) 99, Section 205, that every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement.

Accordingly, I believe the summary judgment granted herein by the trial court should be reversed.