US Salt, Inc. v. Broken Arrow, Inc.

65 UCC Rep. Serv. 2d 127 (2008)

From our private database of 47,500+ case briefs, written and edited by humans—never with AI.

US Salt, Inc. v. Broken Arrow, Inc.

United States District Court for the District of Minnesota
65 UCC Rep. Serv. 2d 127 (2008)

  • Written by Nathan Benedict, JD

Facts

US Salt, Inc. (plaintiff) contracted with Broken Arrow, Inc. (defendant) to purchase at least 15,000 tons of salt per year. Broken Arrow’s production process created four grades of salt: extra coarse, coarse, medium, and fine. The contract incorporated data sheets that referred to these four grades, but the contract contained no language requiring US Salt to purchase any grade in any amount. The contract also contained a merger clause stating that the written contract was the entire agreement between the parties. In November 2004, Broken Arrow sent a shipment of nonconforming salt that was gray and not washed. US Salt demanded that Broken Arrow cure the nonconforming shipment. Broken Arrow provided a credit to US Salt and sent conforming shipments from May 2005 to August 2005. Broken Arrow then stopped sending shipments. In March and April 2006, US Salt requested assurances from Broken Arrow that it would continue to perform on the contract, which Broken Arrow did not provide. US Salt then sued Broken Arrow for breach of contract and for violation of the covenant of good faith and fair dealing.

Rule of Law

Issue

Holding and Reasoning (Kyle, J.)

What to do next…

  1. 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 964,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. 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.

    Learn about our approachRead more about Quimbee

Here's why 964,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 47,500 briefs, keyed to 1,006 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.
  • AI-generated podcast version of every brief — listen on the go, between classes, or whenever reading isn’t an option. New

Access this case brief for FREE

With a 7-day free trial membership
Here's why 964,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 47,500 briefs - keyed to 1,006 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Contracts

Key Terms

  • Parol-Evidence RuleA general rule that prohibits the introduction into a court of law of any written or oral evidence to vary or contradict the unambiguous terms of an integrated agreement.
  • Anticipatory RepudiationA contract-law principle that consists of a breach of a contract prior to its completion.
  • RepudiationBreach of contract arising from a party’s communication in advance of the time for performance of its refusal or inability to perform the agreement.
  • Uniform Commercial Code Section 2-609Under Uniform Commercial Code (UCC) Section 2-609, a party may demand written assurance of performance and suspend its own performance until after receiving such assurance only if reasonable grounds for insecurity exist as to the other party’s performance.
  • Anticipatory Breach of ContractA breach of contract caused by the breaching party’s repudiation of its contractual obligations prior to the time for performance.

Understand your casebook readings in seconds

Use our case briefs to comprehend your casebook readings faster, supplement your notes and outlines, and outshine your peers in class.

Get instant access to over 47,500+ expert-written case briefs in a searchable database keyed to 1,006 law school casebooks.

Case book preview
Start your free 7-day trial