Lenape Resources Corp. v. Tennessee Gas Pipeline Co.

PHILLIPS, Chief Justice,

delivered a concurring and dissenting opinion.

I join in parts II, III, and IV of the Court’s opinion. Because I believe that the Gas Purchase Agreement (“GPA”) at issue here is an output contract which is subject to section *5772.306 of the Uniform Commercial Code, however, I cannot join in a decision to reinstate the trial court’s summary judgment. As I explain below, I would remand the ease to the trial court for further proceedings as to whether the Sellers’ increased tender of gas either occurred in bad faith or was unreasonably disproportionate to prior output.

I

Output…