Barton Chemical Corp. v. Pennwalt Corp.

Plaintiff, Barton Chemical Corporation, filed this suit for declaratory judgment, seeking an adjudication that it had a “firm price” contract to purchase chlorine and caustic soda for the year 1976, from defendant Pennwalt Corporation. Plaintiff alleged that the contract, though oral, was later confirmed through a letter sent by defendant’s regional sales manager, thus satisfying the Statute of Frauds.

Defendant filed a motion for summary judgment denying that it ever agreed to a “firm price” provision since that was contrary to trade practice. Defendant also asserted that any alleged…