Pas-Teur, Inc. v. Energy Sciences, Inc.

The parties in this case executed an agreement dealing with the possible develop*968ment of an electron beam machine for the pasteurization and sterilization of citrus fruits. The defendant agreed to conduct a series of tests and experiments (according to specifications established by the plaintiff) to determine if its electron beam technology could meet certain enumerated technical objectives. The tests were to cost a total of $10,000 and were to be paid for by the plaintiff in stages as they progressed. If the tests produced “positive results” and met government standards, the plaintiff had the…