World Fuel Services, Inc. v. John E. Retzner Oil Co.

ORDER GRANTING SUMMARY JUDGMENT

PATRICIA A. SEITZ, UNITED STATES DISTRICT JUDGE

THIS MATTER is before the Court on Plaintiffs Motion for Summary Judgment [DE 42] on its breach of contract claim in this diversity action.1 In February 2016, Defendant terminated a fixed price forward contract, whereby Defendant agreed to purchase from Plaintiff monthly quantities of fuel between January and December 2016. There is no dispute as to the material facts. The issue is a legal one— whether, as a matter of law, the agreement is a “take or pay” contract entitling Plaintiff to the full contract price, or…