WALTERS V. MARATHON OIL CO.
642 F.2d 1098 (7th Cir. 1981)
NATURE OF THE CASE: This was a dispute over the refusal to sign a franchise agreement.
Marathon (D) challenged an order, which held that Walters (P) were entitled to an award of
lost profits as to D's refusal to enter a seller agreement.
FACTS: Marathon (D) had discussions with Walters (P) about locating a combination food
store and service station on a vacant gasoline service site in Indianapolis. P purchased the
station and made improvements on it based upon the promise made and the continuing
negotiations with representatives of D. D then placed a moratorium on applications for
dealerships and seller arrangements. P sued and was given the verdict by the trial court. D
appealed; the award for lost profits and the failure of P to take reasonable steps to
mitigate his losses. The moratorium was in response to the Iranian revolution and the
uncertainty of oil supplies.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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