Esber Beverage Co. v. Canandaigua Wine Co.

[This opinion has been published in Ohio Official Reports at 68 Ohio St.3d 463 .] ESBER BEVERAGE COMPANY, APPELLANT, v. CANANDAIGUA WINE COMPANY, INC. APPELLEE. [Cite as Esber Beverage Co. v. Canandaigua Wine Co., 1994-Ohio-48 .] Commercial transactions—Alcoholic beverages franchise not created by operation of law pursuant to R.C. 1333.83 through the mere existence of a written contract between a manufacturer and distributor of such products, where the contract disclaims any intention to create such a relationship and the contract term is for less than six months. (No. 93-86—Submitted January 25, 1994—Decided March 23, 1994.) CERTIFIED by the Court of Appeals for Stark County, No. CA-8974. __________________ Comstock, Springer & Wilson and Marshall D. Buck, for appellant. Jones, Day, Reavis & Pogue, John W. Edwards II, Kathleen B. Burke and John M. Majoras, for appellee. __________________ The cause is affirmed on authority of Tri County Distrib., Inc. v. Canandaigua Wine Co. (1993), 68 Ohio St.3d 123 , 623 N.E.2d 1206 . MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. __________________