A bench trial was held on June 15 through 17, 2015, to resolve the following factual issues: (1) whether Peacock complied with his contractual duties of good faith and fair dealing and if not, (2) whether that breach caused Betco to incur any damages. According to Betco, Peacock violated this duty by concealing ongoing problems with Bio-Systems’ manufacturing process of which Betco was unaware before the sale, effectively preventing Betco from discovering the problems and enforcing certain remedies before they expired under the parties’ purchase agreement. Peacock to undo the sale or to be compensated for damages.1 summary judgment, a single claim remained for trial: Following whether Peacock breached the contractual duty of good faith and fair dealing in his post-sale capacity as manager of BioSystems. brought this suit against former owner Malcolm D. Some four years after acquiring the assets of two companies, collectively known as “Bio-Systems,” plaintiff Betco Corporation, Ltd. 209 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN BETCO CORPORATION, LTD., Plaintiff, OPINION & ORDER v.
