Superfos Investments Limited v. FirstMiss Fertilizer, Inc.
United States District Court for the Southern District of Mississippi
821 F.Supp. 432 (1993)
FirstMiss Fertilizer, Inc. (FirstMiss) (defendant) had a three-year contract with Superfos Investments Limited (Superfos) (plaintiff). FirstMiss agreed to purchase a minimum of 80,000 tons of anhydrous ammonia per year from Sueprfos. Superfos purchased the ammonia from Farmland Industries, Inc. (Farmland) and resold the ammonia to FirstMiss. The contract said that if FirstMiss did not order the yearly contract amount, then FirstMiss would still be responsible for paying for that minimum amount. The contract also said that if Farmland did not deliver enough ammonia to Superfos, then Superfos would be relieved of its obligation to provide ammonia to FirstMiss. FirstMiss ordered less than 80,000 tons of ammonia per year. Superfos sued to recover the purchase price of the shortfall. FirstMiss moved for partial summary judgment, arguing that the provision requiring FirstMiss to pay the full purchase price for undelivered ammonia was unenforceable.
Rule of Law
Holding and Reasoning (Lee, 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 175,000 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.