Global Octanes Texas, L.P. v. BP Exploration & Oil Inc.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a suit on a contract for the sale of a gasoline additive. The district court granted summary judgment for the seller, concluding that the buyer had no contractual right to terminate and had breached the contract in doing so. It then applied a provision of the contract to limit damages to $600,000. BP Exploration, the purchaser, urges that the district court erred in rejecting its right to terminate the contract. Global Octanes, the seller, attacks the limitation of damages and defends the finding that BP breached the contract. We affirm.

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