LACLEDE GAS CO. V. AMOCO OIL CO.
522 F.2d 33 (8th Cir. 1975)
NATURE OF THE CASE: This was an action for injunctive relief and the appeal of the denial
of damages and specific performance. Laclede (P) appealed from judgment in favor of Amoco
(D).
FACTS: Laclede Gas Co. (P) and Amoco Oil Co. (D) agreed to respectively distribute and
supply natural gas until natural gas mains were extended into certain residential areas. P
could terminate on 30-day notice at the end of any year or when natural gas mains were
established in those residential areas. D had no right of termination unless the
subdivisions subsequently converted to natural gas. The agreement functioned for some time
until the number of developments under the agreement had shrunk to eight. They were all
mobile home parks. During the winter of 1972-73, D experienced a shortage of propane and
voluntarily placed all of its customers including P on 80% allocation. P objected and the
shortage was relieved. Then D noticed P that its posted price would be increased by three
cents per gallon. P objected and D terminated the agreement; 'the agreement lacks
mutuality.' P sought injunctive relief. The trial court agreed with D. P appealed. The
appeals court held there was a contract and it was breached by D.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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