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

Asphalt (D) was a subcontractor for work at a National Park. D contracted with Weaver (P) for crushed limestone. The government specifications called for 176,000 sf of limestone but stated that this was an estimate only and that payment would be made only for actual quantities used. The government deleted the requirements for limestone and P was informed that his goods were not needed. P sued for breach claiming that the contract was for a set amount and that the contract was breached. D defended on the grounds that the contract was a requirements contract and because there were no requirements the contract could not be breached. The trial court found for P and D appealed.

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