Central States Power & Light Corp. v. United States Zinc Co.

It is agreed that appellee’s smelter was not operated during the period for which recovery is sought. It neither used nor required any gas during that period. Appellee’s obligation to purchase was limited by the requirements of its smelter. There is no express obligation in the contract to operate the smelter during the three-year period of the contract, or to pay for gas not required. Can such an obligation be fairly implied? I do not think so, and am therefore compelled to dissent.

The contract recites that vendee desires to purchase gas for its Henryetta smelter. The principal obligations…