P.F.I., Inc. v. Kulis

363 N.J. Super. 292, 832 A.2d 931 (2003)

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P.F.I., Inc. v. Kulis

New Jersey Superior Court, Appellate Division
363 N.J. Super. 292, 832 A.2d 931 (2003)

  • Written by Tammy Boggs, JD

Facts

P.F.I., Inc. (PFI) (plaintiff) was a gasoline wholesaler that contracted with service stations to supply Texaco gasoline. In 1991, PFI entered an agreement with Nadezda Kulis (defendant), who operated a gas station and automobile-repair shop. Under the agreement, Kulis was required to purchase a minimum of two million gallons of gasoline over five or so years in similar quantities every month. In 1994, Kulis had to close the automobile-repair part of her service station, which caused a decline in gasoline sales. PFI ceased its delivery of gasoline and demanded payment of outstanding balances. PFI sued Kulis to recover amounts for unpaid invoices and PFI’s lost profits. During a bench trial, PFI did not provide evidence of its supplies and sales of gasoline to any other customer. One of PFI’s salesmen testified that he anticipated a profit of five cents per gallon on the contract with Kulis based on a rough mathematical calculation, unaccompanied by any documents to support the figures in his calculation. The trial court awarded damages for the unpaid invoices and about $30,400 for lost profits. Kulis appealed, challenging PFI’s ability to recover lost profits.

Rule of Law

Issue

Holding and Reasoning (Axelrad, J.)

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