ROTH STEEL PRODUCTS v. SHARON STEEL CORP. 705 F.2d 134 (6th Cir. 1983) CASE BRIEF

ROTH STEEL PRODUCTS V. SHARON STEEL CORP.

705 F.2d 134 (6th Cir. 1983)

NATURE OF THE CASE: This was an appeal from a damages award due to a breach of contract. Sharon (D) appealed and Roth (P) cross appealed from a judgment in a diversity action concerning an alleged breach of an oral contract, modification of contract, and adequate notice of breach of contract.

FACTS: Sharon Steel Corp. (D), made a below published prices contract with Roth Steel (P) for P to buy 200 tons of steel per month for $148 per ton for pickled and $140 per ton for rolled black for the entire year. Within six months the supply of steel fell and prices began to rise substantially, D told P that it would no longer sell steel at below published prices. P agreed with the new terms for the last six months of the contract because P had no second source of supply. D's shipments in the last six months were often late and P was forced to pay even higher prices. D attributed the additional problems to material shortages and regulatory problems. P learned that the delivery problems were due to D's practice of selling steel to its subsidiary at premium prices. P sued for breach. The trial court found that D's modification was not done in good faith. P was awarded damages; the difference between the new contract price and the original contract price. D appealed and P cross appealed the denial or prejudgment interest.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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