Arcadia Petroleum Ltd. v. Sun International Ltd.

AMBRO, Circuit Judge, Dissenting:

Arcadia brought this lawsuit to enforce two agreements reached by written corre*169spondence with Sun in September and October of 2000. The District Court offered two rationales for why Arcadia cannot do so and my colleagues in the majority follow an alternative course to reach the same conclusion. I cannot follow any of the various paths of reasoning taken to this conclusion, as I believe they misconstrue contract law. I respectfully dissent.

After performing the first delivery of oh, Arcadia made a claim under the parties’ charter agreement for one amount of…