Limb v. Federated Milk Producers Association

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.

1 . 17 Am.Jur.2d, Contracts, § 498, p. 972.