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Petroleum Refractionating Corp. v. Kendrick Oil Co.

United States Circuit Court of Appeals for the Tenth Circuit

65 F.2d 997 (1933)

Relevant factsFree

Kendrick Oil Company (defendant) agreed to buy a set quantity of a particular grade of oil from Petroleum Refractionating Corp. (plaintiff), which reserved the right to cancel any unshipped portion if it stopped producing that grade of oil. After receiving part of the order, Kendrick refused further deliveries, and Petroleum resold the remainder and sued for the difference between the contract and resale prices. The trial court found no consideration supported Kendrick's promise to purchase and sustained a demurrer for Kendrick.

IssueFree

Whether a detriment to the promisee is sufficient consideration for a contract.

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