Empire Gas Corp. v. UPG, Inc.

FLANIGAN, Presiding Judge.

On March 16, 1984, plaintiff Empire Gas Corporation, a Delaware corporation (“Empire”), brought an action for breach of contract against defendant UPG, Inc., a Delaware corporation (“UPG”). The action involved six contracts, signed in September 1981, dealing with the sale of propane gas by UPG, a major wholesaler of propane, to Empire, a major retailer of propane. Three days later UPG brought an action against Empire, based on alleged unpaid invoices for propane sold by UPG to Empire under the six contracts.

The six contracts were, as Empire’s brief states,…