Kraft Corrugated Containers, Inc. v. Trumbull Asphalt Co.

FORMAN, District Judge.

Plaintiff and defendant entered into an agreement on November 31, 1936, whereby defendant agreed to furnish plaintiff’s building with live steam for manufacturing and heating purposes. It was agreed that plaintiff, defendant and a third party should “share equally between them each to the extent of one third, the operating expenses of the boilers and the boiler plant, to the end that they each receive their respective requirements of steam at actual cost and the lowest minimum price obtainable under the circumstances”. A further provision of the contract with reference…