From our private database of 14,100+ case briefs...
Family Snacks of North Carolina, Inc. v. Prepared Products Co.
United States Court of Appeals for the Eighth Circuit
295 F.3d 864 (2002)
Family Snacks of North Carolina, Inc. (Family Snacks) (plaintiff) entered into a supply agreement with Prepared Products Company, Inc. (Prepco) (defendant) in February 1998. Under the agreement, Prepco agreed to purchase $10 million of products from Family Snacks over the course of a year, beginning on July 1, 1998. The price of the product was set by a formula, which calculated the manufacturing cost of the particular product plus 15 percent of the cost as a profit margin. The manufacturing cost of each product was determined by another formula, which was attached as an exhibit to the contract. The contract did not specify which party had to act first. No provision dealt with whether Prepco had to provide Family Snacks with a specific order before Family Snacks would provide pricing for the product. Prepco did not order any products during the first year, and Family Snacks sued Prepco for breach of contract. Prepco argued that Family Snacks was obligated to provide pricing in order for Prepco to determine which products to order. The district court granted summary judgment to Family Snacks, and Prepco appealed to the United States Court of Appeals for the Eighth Circuit.
Rule of Law
Holding and Reasoning (Beam, J.)
What to do next…
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.
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 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.