National Automotive Trading Corp. of China v. Pioneer Trading Co.
Opinion of the Court
Pioneer Trading Corporation and its distributor, American Chrome Company, appeal from the district court’s
Pioneer and American Chrome are owned and operated by David and Cathy Hou.
NATC received only a partial return of the goods, no money from the sight drafts, and no other payment on the settlement. The district court found that Pioneer breached the agreement through its non-performance. Pioneer claims that CAIEC initially breached the contract by improperly attempting to collect on the sight drafts. Presentation of the sight drafts, however, was a mere demand for payment that was refused by Pioneer and does not excuse Pioneer’s performance. Nor does any right to set-off exist because the sight drafts were not part of the settlement agreement. Accordingly, we find no clear error in the district court’s determination that damages should be the amount originally agreed to, less the invoice amount of the goods actually returned.
The district court also properly denied Pioneer and American Chrome’s Lanham Act counterclaim because David Hou’s conclusory supporting affidavit adduced insufficient evidence that NATC products generated any confusion or likelihood of confusion with those of Pioneer. See Woodsmith Publishing Co. v. Meredith Corp., 904 F.2d 1244, 1247 n. 5 (8th Cir. 1990).
Agreeing with the district court that there are no genuine issues of material fact, and finding that further discussion would be of no precedential value, we affirm on the basis of the district court’s memorandum opinion. See 8th Cir.R. 47B.
. The Honorable Harold D. Vietor, United States District Judge for the Southern District of Iowa.
Reference
- Full Case Name
- NATIONAL AUTOMOTIVE TRADING CORPORATION OF CHINA v. PIONEER TRADING COMPANY, INC. American Chrome Company, Inc., David T.C. Hou Cathy T.S. Hou, also known as Cathy T.S. Xu, Defendants PIONEER TRADING COMPANY, INC. American Chrome Company, Inc., Counter-Claimant/Appellants v. NATIONAL AUTOMOTIVE TRADING CORPORATION OF CHINA, Counter-Defendant/Appellee
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- 1 case
- Status
- Published