Wagner Excello Foods, Inc. v. Fearn International, Inc.

Wagner (plaintiff) agreed to manufacture fruit-drink concentrate for Fearn International (defendant) over five years, with minimum annual purchase quantities, exclusivity, indemnity, and insurance clauses, but no fixed price-instead the price would be reviewed every four months, and if no agreement was reached, the contract would terminate 30 days later. Fearn moved to dismiss, arguing the lack of a settled price made the agreement unenforceable.

Whether parties can execute a contract for the sale of goods even though the price is not settled.