Legal Opinion

Empire Gas Corporation v. American Bakeries Company

Court of Appeals for the Seventh Circuit

Decided May 12, 1988No. 87-1411PublishedCited by 70 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This appeal in a diversity contract case presents a fundamental question — surprisingly little discussed by either courts or commentators — in the law of requirements contracts. Is such a contract essentially a buyer's option, entitling him to purchase all he needs of the good in question on the terms set forth in the contract, but leaving him free to purchase none if he wishes *1335provided that he does not purchase the good from anyone else and is not acting out of ill will toward the seller?

Empire Gas Corporation is a retail distributor of liquefied petroleum gas, better…

2Cases cited23 opinions

  1. In re TCI Ltd.Court of Appeals for the Seventh Circuit · 1985
  2. Wisconsin Knife Works v. National Metal CraftersCourt of Appeals for the Seventh Circuit · 1986
  3. Afram Export Corporation, a Wisconsin Corporation v. Metallurgiki Halyps, S.A., a Foreign CorporationCourt of Appeals for the Seventh Circuit · 1985
  4. Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
  5. Anthony J. Bosco v. Robert B. SerhantCourt of Appeals for the Seventh Circuit · 1988

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

3Cited by70 opinions

  1. Fashion House, Inc. v. K Mart Corporation, Fashion House, Inc. v. K Mart CorporationCourt of Appeals for the First Circuit · 1989
  2. Market Street Associates Limited Partnership and William Orenstein v. Dale FreyCourt of Appeals for the Seventh Circuit · 1991
  3. Schott Motorcycle Supply, Inc. v. American Honda Motor Company, Inc.Court of Appeals for the First Circuit · 1992
  4. Zayre Corporation v. S.M. & R. Co., Inc.Court of Appeals for the Seventh Circuit · 1989
  5. James Patton, R.L. Hildebrand, Burns Harbor Plaza, Inc., and R.L. Hildebrand Enterprises, Inc. v. Mid-Continent Systems, Inc.Court of Appeals for the Seventh Circuit · 1988

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

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