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

P and D entered into the contract which stated: 'It is the intent of this agreement that Continental Carbon Company agrees to sell to BRC Rubber & Plastics approximately 1.8 million pounds of [carbon] black annually.' In 2010, D shipped 2.6 million pounds to P, and shipments continued into early 2011. By April 2011, for a variety of reasons, D was struggling to keep up with the total demand from all its customers. P placed an order on April 26, 2011, but D neither confirmed nor shipped that order. D believed that as long as it shipped approximately 1.8 million pounds annually, it did not have to accept and fill each and every order. P believed instead that D had to fill every order. P contends that the agreement was a 'requirements contract.' P filed this suit. The court found as a matter of law that the agreement was a requirements contract and D's refusal to confirm and ship some orders was a breach and repudiation of the agreement. The court entered judgment for P for nearly $1 million. D appeals the judgment and P cross-appeals the exclusion of certain testimony from the damages trial.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.