Legal Opinion

Apex Oil Company v. Vanguard Oil & Service Co. Inc.

Court of Appeals for the Second Circuit

Decided April 18, 1985No. 436, Docket 84-7532PublishedCited by 47 opinions

1Opinion of the Court

JON 0. NEWMAN, Circuit Judge:

This diversity case involves an alleged oral contract for the sale of $8.8 million of fuel oil. Following a bench trial, the District Court for the Southern District of New York (John F. Keenan, Judge) found that plaintiff-appellee Apex Oil Company (“Apex”) and defendant-appellant Vanguard Oil & Service Company, Inc. (“Vanguard”) had entered into such a contract, under which Vanguard was to sell and Apex to buy. Finding that Vanguard’s failure to deliver the oil to Apex constituted a breach of the contract, the District Court awarded Apex damages of…

2Cases cited8 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. El Paso Natural Gas Co.Supreme Court of the United States · 1964
  3. United States v. FornessCourt of Appeals for the Second Circuit · 1942
  4. International Controls Corp. v. VescoCourt of Appeals for the Second Circuit · 1974
  5. Nancy M. Sweeney v. The Research Foundation of the State University of New YorkCourt of Appeals for the Second Circuit · 1983

3 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Tractebel Energy Marketing, Inc. v. AEP Power Marketing, Inc.Court of Appeals for the Second Circuit · 2007
  2. Heidi S. Weissmann, M.D., Cross-Appellee v. Leonard M. Freeman, M.D., Cross-AppellantCourt of Appeals for the Second Circuit · 1989
  3. Tralon Corp. v. Cedarapids, Inc.District Court, N.D. Iowa · 1997
  4. Aramony v. United Way Replacement Benefit PlanCourt of Appeals for the Second Circuit · 1999
  5. Hilord Chemical Corporation, Plaintiff-Appellee-Cross-Appellant v. Ricoh Electronics, Inc., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1989

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