From our private database of 13,300+ case briefs...
Kaiser-Francis Oil Co. v. Producer’s Gas Co.
United States Court of Appeals, Tenth Circuit
870 F.2d 563 (1989)
Kaiser-Francis Oil Co. (Kaiser) (plaintiff) is a seller of natural gasoline. Producer’s Gas Co. (PGC) (defendant) is a purchaser of gasoline. Kaiser entered into two contracts with PGC for the sale of gasoline taken from wells in which Kaiser had a percentage interest. Each contract contained a “force majeure clause” limiting the liability of either party to perform under the contract if an unforeseen event beyond the control of the parties made performance impossible. Many qualifying “force majeure” events were specifically stated in the contracts, including acts of God, strikes, governmental or regulatory orders, and the inability to secure labor or materials, among others. After Kaiser and PGC entered the contract, the resale price of natural gasoline declined. PGC did not pay Kaiser for gas taken from Kaiser’s wells on the theory that it was purchasing the gas from Kaiser’s co-owners at reduced prices. PGC also declined to pay Kaiser for the minimum contract quantities of the gas which were not taken. Kaiser brought suit in United States district court seeking to enforce the contract with PGC. PGC raised several defenses, including that it was excluded from performance due to the contracts’ force majeure clauses. PGC argued that a decline in the resale price of gasoline amounted to a qualifying “force majeure.” The district court granted summary judgment for Kaiser, and PGC appealed. On appeal, PGC made several arguments, including that the force majeure provision in the contracts extends to a partial lack of demand for gasoline caused by market forces.
Rule of Law
Holding and Reasoning (Baldock, 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 140,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,300 briefs, keyed to 182 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.