STACKS V. F & S PETROLEUM COMPANY, INC. 641 S.W.2d 726 (1982) CASE BRIEF

STACKS V. F & S PETROLEUM COMPANY, INC.

641 S.W.2d 726 (1982)

NATURE OF THE CASE: Petroleum (P) sued Stacks (D) for an outstanding balance due for gas and D appealed a judgment for P on a jury verdict.

FACTS: This case involves a requirements agreement. P agreed to supply and did supply gasoline to D's outlet store. Per an agreement, P would supply up to 50,000 gallons per month. D refused to pay claiming the lessee, Davis, owed the monies. P sued D for $37,527.80, the outstanding balance owed on the gas supplied the outlet. D defended in part by claiming that the agreement was indefinite as to quantity and did not require him to buy any gas at all, even a minimum order, nor did it specify how long the agreement would last. Further the agreement did not purport to obligate P to supply gas to a subsequent lessee nor did it make D the guarantor of the debt of Davis. The jury gave the verdict to P and D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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