Kay-Cee Enterprises, Inc. v. Amoco Oil Co.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

By this action, plaintiff Kay-Cee Enterprises, Inc. (“Kay-Cee”) seeks damages arising from defendant Amoco Oil Company’s (“Amoco”) alleged breach of contract. The matter is presently before the court on defendant’s motion for summary judgment (doc. 75) and plaintiffs motion for partial summary judgment as to liability (doc. 79). 1 For the reasons set forth below, the court denies both motions as to liability, but sustains plaintiffs motion as to defendant’s affirmative defenses of failure of consideration and impossibility of performance.

I.…