BRC Rubber & Plastics, Inc. v. Continental Carbon Co.

Dist. Ct. erred in entering judgment in favor of plaintiff in breach of contract action alleging that defendant’s failure to confirm or ship plaintiff’s orders for carbon black sold by defendant violated parties’ contract that Dist. Ct. construed as requirements contract calling for defendant to sell as much carbon black to plaintiff as plaintiff needed. While contract stated that intent of parties was for defendant to sell 1.8 million pounds of carbon black to plaintiff annually, such contract could not be viewed as requirements contract, where plaintiff was not obligated to purchase any amount of carbon black from defendant and was not prohibited from buying carbon black from any other seller.