Legal Opinion

Commonwealth Edison Co. v. Decker Coal Co.

District Court, N.D. Illinois

Decided July 2, 1985No. 84 C 9573PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

MORAN, District Judge.

Commonwealth Edison Company’s (Edison) motion for judgment on the pleadings raises the question whether Decker Coal Company (Decker) repudiated two contracts between the parties covering the purchase, mining and delivery of 462,000 tons of coal. Because it is far from clear as a matter of law that Decker repudiated the contracts, Edison’s motion is denied.

FACTS

On June 4, 1982, Decker and Edison entered into two related contracts. In the Coal Lease Purchase Agreement, Edison agreed to purchase in five annual installments Decker’s lease interest in 2.15…

2Cases cited3 opinions

  1. Dingley v. OlerSupreme Court of the United States · 1886
  2. Marr Enterprises, Inc., and Ben Paz v. Lewis Refrigeration Co.Court of Appeals for the Ninth Circuit · 1977
  3. In Re City of Fairfax, Virginia v. Washington Metropolitan Area Transit Authority, (Nine Cases). City of Fairfax v. City of Alexandria, City of Fairfax v. Arlington County, Virginia, City of Fairfax v. City of Falls Church, City of Fairfax v. County of Fairfax, Virginia, City of Fairfax, Virginia v. Prince George's County, Maryland, City of Fairfax, Virginia v. District of Columbia, City of Fairfax, Virginia v. Washington Metropolitan Area Transit Authority, City of Fairfax, Virginia v. Washington Suburban Transit District, City of Fairfax, Virginia v. Montgomery County, MarylandCourt of Appeals for the Fourth Circuit · 1978

3Cited by14 opinions

  1. Canderm Pharmacal, Ltd. v. Elder Pharmaceuticals, Inc.Court of Appeals for the Sixth Circuit · 1988
  2. Franconia Associates v. United StatesUnited States Court of Federal Claims · 2004
  3. First National Bank of Louisville v. Continental Illinois National Bank and Trust Company of ChicagoCourt of Appeals for the First Circuit · 1991
  4. Jay County Rural Electric Membership Corp. v. Wabash Valley Power Ass'nIndiana Court of Appeals · 1998
  5. Commonwealth Edison Co. v. Decker Coal Co.District Court, N.D. Illinois · 1987

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