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

Hutton (P) and MPI (D) executed a franchise agreement wherein P bought a franchise form D for $25,000. P granted D a ten-year non-exclusive license to operate an MPI Store. A few weeks later P and D executed an addendum to the franchise agreement, and if P were not able to obtain financing suitable to him within ninety days of signing the agreement, he would be entitled to a refund of his $25,000 fee. P got a summary judgment and D appealed.

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