Vulcan Materials Co. v. Atofina Chemicals, Inc.
United States District Court for the District of Kansas
355 F. Supp. 2d 1214 (D. Kan. 2005)
Relevant factsFree
Vulcan Materials (plaintiff) supplied chloroform to Atofina (defendant) under a requirements contract for Atofina's Kansas plant. Atofina stopped buying chloroform from Vulcan and closed the Kansas plant, but continued manufacturing and selling the same volume of its chloroform-containing product-apparently sourcing chloroform elsewhere at a better price. Vulcan sued for breach and moved for summary judgment.
IssueFree
Whether, under a requirements contract, the buyer must set the quantity it requires in good faith.