Missouri Public Service Co. v. Peabody Coal Co.

Peabody Coal Co. (Peabody) (defendant) contracted to supply coal to Missouri Public Service Co. (Public Service) (plaintiff), but after its costs escalated sharply, Peabody tried unsuccessfully to renegotiate a higher price and then simply stopped delivering, even though it had adequate coal supplies and the ability to perform. Peabody argued its non-performance was excused by commercial impracticability due to excessive economic loss; Public Service treated this as an anticipatory breach and sued for specific performance, which the trial court ordered, and Peabody appealed.