Wagner Excello Foods, Inc. v. Fearn International, Inc.
Illinois Appellate Court
601 N.E.2d 956 (Ill. App. 1992)
Relevant factsFree
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.
IssueFree
Whether parties can execute a contract for the sale of goods even though the price is not settled.
Related cases
Harlow & Jones, Inc. v. Advance Steel Co.424 F.Supp. 770 (1976)Southwest Engineering Co. v. Martin Tractor Co., Inc.473 P.2d 18 (1970)Main Street Baseball, LLC v. Binghamton Mets Baseball Club, Inc.103 F.Supp.3d 244 (2015)Tipton v. Feitner20 N.Y. 423 (1859)Jannusch v. Naffziger883 N.E.2d 711 (Ill. 2008)