Legal Opinion

Orange & Rockland Utilities, Inc. v. Amerada Hess Corp.

Appellate Division of the Supreme Court of the State of New York

Decided August 15, 1977PublishedCited by 26 opinions

1Opinion of the CourtMargett, J.

This action, for damages as a result of an alleged breach of a requirements contract, raises related but distinctly separate issues as to whether the plaintiff buyer’s requirements occurred in good faith and whether those requirements were unreasonably disproportionate to the estimates stated in the contract.

In a fuel oil supply contract executed in early December, 1969, defendant Amerada Hess Corporation (Hess) agreed to supply the requirements of plaintiff Orange and Rockland Utilities, Inc. (O & R) at plaintiffs Lovett generating plant in Tompkins Cove, New York. A fixed price of $2.14 per…

2Cases cited4 opinions

  1. New York Central Iron Works Co. v. United States Radiator Co.New York Court of Appeals · 1903
  2. City of Lakeland, Florida v. Union Oil Co. of CaliforniaDistrict Court, M.D. Florida · 1973
  3. Asahel Wheeler Co. v. MendlesonAppellate Division of the Supreme Court of the State of New York · 1917
  4. Moore v. American Molasses Co.New York Supreme Court · 1919

3Cited by26 opinions

  1. Ausch v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
  2. Department of Fisheries v. J-Z Sales Corp.Court of Appeals of Washington · 1980
  3. Simcala, Inc. v. American Coal Trade, Inc.Supreme Court of Alabama · 2001
  4. Allapattah Services, Inc. v. Exxon Corp.District Court, S.D. Florida · 1999
  5. Atlantic Track & Turnout Company v. Perini CorporationCourt of Appeals for the First Circuit · 1993

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