Mac Sales, Inc. v. E.I. du Pont de Nemours & Co.

WIENER, Circuit Judge:

Louisiana Civil Code article 2054 provides that “law, equity, or usage” is presumed to furnish the contractual terms when a contract is silent as to a particular situation. In the instant case, Defendant-Appellee E.I. du Pont de Nemours & Company (“du Pont”) claimed — and the district court agreed — that under article 2054 Plaintiff-Appellant Kenneth Choina’s ability to choose a garment fabricator should be restricted to those approved by du Pont as an implied term in du Pont’s contract with Choina, which contract was silent on the matter. As we conclude that du Pont has…