AM/PM FRANCHISE ASSOCIATION V. ATLANTIC RICHFIELD COMPANY 584 A.2d 915 (1990) CASE BRIEF

AM/PM FRANCHISE ASSOCIATION V. ATLANTIC RICHFIELD COMPANY
584 A.2d 915 (1990)
NATURE OF THE CASE: AM/PM (P), appealed from an order affirming a lower court order that sustained Atlantic's (D) preliminary objections in the nature of a demurrer and dismissed their action for damages resulting from breach of warranty.
FACTS: AM/PM (P) represents a class of over 150 franchisees of Arco (D) that operated mini-marts in Pennsylvania and New York. D began experimenting with its unleaded gas formulations and provided its franchisees with an unleaded gas blended with oxinol. P was required to sell that special blend of gas from D and was given no opportunity to buy regular unleaded gas during a three and a half-year period. P claims that numerous purchasers of the oxinol gas experienced poor engine performance and physical damage to fuel systems P claims that the gas did not conform to D's warranties about the product. As a result of these problems, P suffered a precipitous drop in the volume of their business allegedly due to defective oxinol blend gas. Ps sued D on a breach of warranty, breach of implied duty, misrepresentation and exemplary damages. Ps wanted lost profits, consequential and incidental damages. The trial court sustained D's preliminary objections and dismissed the action. P appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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