Petroleum Refractionating Corp. v. Kendrick Oil Co.
United States Circuit Court of Appeals for the Tenth Circuit
65 F.2d 997 (1933)
Kendrick Oil Company (Kendrick) (defendant) agreed to purchase a certain amount of oil from Petroleum Corporation (plaintiff). Under the terms of the contract, Petroleum could cancel any unshipped portion of the oil order if it stopped making that particular grade of oil. After receiving a portion of its order, Kendrick notified Petroleum it would not accept any further deliveries. Petroleum sold the remaining undelivered oil to another party. Petroleum sued Kendrick for breach of contract, seeking the difference between the contract price and the resale price of that oil. The trial court found that there was no consideration for Kendrick’s promise to purchase the oil and entered a demurrer in favor of Kendrick. Petroleum appealed.
Rule of Law
Holding and Reasoning (Phillips, C.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 173,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.