Legal Opinion

Arcadian Phosphates, Inc., Judas Azuelos, and Eli Sivan v. Arcadian Corporation

Court of Appeals for the Second Circuit

Decided September 1, 1989No. 1282, Docket 89-7277PublishedCited by 215 opinions

1Opinion of the Court

OAKES, Chief Judge:

This appeal is from a judgment in a diversity suit involving claims for breach of contract and promissory estoppel. The claims are based on a memorandum which described the sale of a fertilizer company’s phosphate fertilizer business to a joint venture. The appellants — the potential purchasers, consisting of the joint venture and two individuals involved in its formation— claim that the memorandum was a binding contract. The appellee — the potential seller, the fertilizer company — argues that the memorandum was an unenforceable “argument to agree.” The United States…

2Cases cited17 opinions

  1. R.G. Group, Inc., and R.G. Restaurant Associates v. The Horn & Hardart Company, and Bojangles' of America, Inc.Court of Appeals for the Second Circuit · 1984
  2. Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
  3. Mary Ellen Winston v. Mediafare Entertainment Corporation, Gallavants, Inc., and Ralph SmithCourt of Appeals for the Second Circuit · 1986
  4. Teachers Insurance & Annuity Ass'n of America v. Tribune Co.District Court, S.D. New York · 1987
  5. Fed. Sec. L. Rep. P 99,667 Reprosystem, B v. and N. Norman Muller, and Cross-Appellants v. Scm Corporation, and Cross-AppelleeCourt of Appeals for the Second Circuit · 1984

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3Cited by215 opinions

  1. L-7 Designs, Inc. v. Old Navy, LLCCourt of Appeals for the Second Circuit · 2011
  2. Tractebel Energy Marketing, Inc. v. AEP Power Marketing, Inc.Court of Appeals for the Second Circuit · 2007
  3. Consarc Corporation v. Marine Midland Bank, N.A.Court of Appeals for the Second Circuit · 1993
  4. Readco, Inc., R.D.P. Associates, Lan Associates Xii and Antonio Reale v. Marine Midland Bank Eagle Rock Holding, Inc., a New York Corp.Court of Appeals for the Second Circuit · 1996
  5. Adjustrite Systems, Inc., Stuart J. Orr, and Lu Elliott v. Gab Business Services, Inc. And Intermodal Technical Systems, Inc.Court of Appeals for the Second Circuit · 1998

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