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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.

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