Vulcan Materials Co. v. Atofina Chemicals, Inc.

United States District Court for the District of Kansas

355 F. Supp. 2d 1214 (D. Kan. 2005)

A buyer must set in good faith the quantity required by the buyer in a requirements contract.

Relevant Facts

Vulcan Materials Company (the plaintiff) produced chloroform. Atofina Chemicals, Inc. (the defendant) operated a plant in Kansas where it manufactured a product containing chloroform. The parties entered into a contract under which the defendant would purchase its entire requirement of chloroform for its Kansas plant from the plaintiff. The defendant stopped purchasing chloroform from the plaintiff and closed its Kansas plant, but continued to manufacture and sell the same amount of its product. The plaintiff sued for breach of contract and moved for a finding on summary judgment on the basis that the defendant breached its agreement to purchase its chloroform requirements from the plaintiff.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 13, 2020

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Procedural History

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Citations

355 F. Supp. 2d 1214 (D. Kan. 2005)