This section contains the nature of the case and procedural background.

Continental (P) and Scott (D) entered into negotiations for P to supply D with hotel amenity products and D would distribute then within designated areas of the U.S. Many drafts of a potential agreement were submitted between parties and eventually on July 19th, D announced internally that a deal had been reached, and P was under the impression that an oral contract was reached that would be memorialized by writing. D's position was that no contract had been reached and there was no intent to be bound until a signed written agreement had been consummated. Meetings and more meetings ensued with more changes, and eventually, Scott decided there was no longer any interest in the venture and terminated their relations. P sued D over an alleged binding oral contract. D moved for summary judgment.

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