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Independent Quality Foods, LLC v. Kansas City Steak Co., LLC

Court of Appeals of Missouri, Western District, First Division

October 15, 2019

INDEPENDENT QUALITY FOODS, LLC, Appellant,
v.
KANSAS CITY STEAK COMPANY, LLC, et al., Respondents.

          Appeal from the Circuit Court of Jackson County The Honorable Justine E. Del Muro, Judge.

          Before: Cynthia L. Martin, P.J., and Victor C. Howard and Alok Ahuja, JJ.

          Alok Ahuja, Judge.

         Independent Quality Foods, LLC ("IQ Foods") sued Kansas City Steak Company, LLC and its owner National Beef Packing Company, LLC (collectively "KC Steak"), alleging that KC Steak had failed to pay IQ Foods commissions it was owed under a contract between the parties. The circuit court granted KC Steak's motion for summary judgment. IQ Foods appeals. We reverse, and remand the case to the circuit court for further proceedings.

         Factual Background

         On September 7, 2012, KC Steak's President Ed Scavuzzo and IQ Foods' owner Brandon Lobaugh executed a one-page "marketing/brokerage agreement." Pursuant to the contract, KC Steak would pay IQ Foods commissions on beef products sold by KC Steak to the restaurant customers listed in the agreement. Specifically, the contract provided:

We agree to a marketing/brokerage agreement of $.08 on all products for the following customers as of the signed date:
CURRENT
• TGI Friday's
o 2013 Top Butts only at $.05 vs. $.08
• ABRH Holding's [sic] (inclusive to all brands)
IN-PROCESS
• Applebee's
• Chili's
• Steakco (Texas Land and ...

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