Case Name, Citation, and hail Lns Investment Comp either, Inc. v. Phillips 66 Co. 731 F. Supp. 1484 (1990) United States order Court Summary of the Key Facts A. Â Â Â Â Â Â Â Â plaintiff was Compu-Blend Corporation which blended, labeled, and packaged dry quart plastic bottles of motor oil for defendant Phillips 66 Company. B. Â Â Â Â Â Â Â Â On July 29, 1986 Peter Buhlinger, defendants jitney of lubricants wrote a letter to Dan Tutcher, complainants vise president. C. Â Â Â Â Â Â Â Â earn express that Phillips testament buy plastic bottles from CBC and to germinate delivery of a maximum of 4 million bottles. Those bottles had to be made by December 31, 1986. D. Â Â Â Â Â Â Â Â Letter also stated that if CBC is non able to produce secure 4 million quarts by December 31, 1986 this commensurateness shall be considered satisfied. E. Â Â Â Â Â Â Â Â On October 16, 1986 Laughlin stated that they decidedly do not want bottles on the shelf of the ro le submitted. F. Â Â Â Â Â Â Â Â On December 16, 1986 Buhlinger wrote that defendant would not renew any commitments to obtain goods from plaintiff after work 31, 1987 due to plaintiff poor performance. G. Â Â Â Â Â Â Â Â On May 12, 1987 plaintiff filled guinea pig that defendant breached the July 29 agreement by failing to purchase plaintiffs dear output of plastic bottles through and through December 31, 1986. H.
Â Â Â Â Â Â Â Â Plaintiff failure to bear either the flavour or measuring of goods contemplated by July 29 agreement entitle defendant to allow its performance. I. Â Â Â Â Â Â Â Â Final decision was made and plaintiffs un! remitting excuses for failing to perform, unaccompanied by synonymous remedial action, cannot be deemed commensurate assurance under the code of Uniform mercantile Code. In view of this conclusion, defendant did not breach the take aim by suspending performance in December, 1986 and conception will be entered in its favor. The Issue Did plaintiff failed to provide defendant with adequate assurance of its future performance and did defendant breach the rack for... If you want to get a full essay, order it on our website: BestEssayCheap.com
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