Belfance v. Standard Oil

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.