Logourl black
From our private database of 13,800+ case briefs...

Empire Gas Corp. v. American Bakeries Co.

United States Court of Appeals for the Seventh Circuit
840 F.2d 1333 (7th Cir. 1988)


Facts

American Bakeries Co. (defendant) entered into a requirements contract with Empire Gas Corp. (Empire) (plaintiff) to purchase propane conversion units for its fleet of vehicles. American Bakeries had decided to convert its gasoline powered vehicles into propane. The contract stated that American Bakeries would purchase “approximately three thousand (3,000) [conversion] units, more or less depending upon requirements of [American Bakeries].” Soon after the parties signed the contract, American Bakeries decided that it was not going to convert its vehicles to propone after all. As a result of the decision, American Bakeries did not need the propane converters and thus did not order any converters from Empire. American Bakeries did not give Empire a reason for its decision, other than a seeming unwillingness to spend the money necessary to make the transition to propane. Empire brought suit for breach of contract. The trial court found in favor of Empire. American Bakeries appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Posner, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.