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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