Mathis v. Exxon Corporation

JERRY E. SMITH, Circuit Judge:

This is a breach of contract suit brought by fifty-four gasoline station franchisees against Exxon Corporation (“Exxon”) for violating the Texas analogue of the Uniform Commercial Code’s open price provision. We affirm.

I

Exxon markets its commercial gas bound for retailers primarily through three arrangements: franchisee contracts, jobber contracts, and company operated retail stores (“CORS”). A franchisee rents Exxon-branded gas stations and enters into a sales contract for the purchase of Exxon-brand gas. The contract sets the monthly quantity of gas the…