Cities Service Company v. Gardinier, Inc.

OPINION

WALSH, Judge.

This is an action instituted by plaintiff, Cities Service Company (Cities), seeking $730,160 in damages from defendant, Gar-dinier, Inc., (Gardinier) for breach of contract. The parties have filed cross-motions for summary judgment.

On January 19, 1973, Cities, Gardinier and Societe des Participations Gardinier, defendant’s parent corporation, entered into an agreement providing for the sale to Gardinier of Cities’ fertilizer manufacturing and mining operations, known as the “Taco Facilities”, for a price of fifty-five million dollars. The agreement also provided for the…