Washington Chocolate Co. v. Canterbury Candy Makers

138 P.2d 195 (1943)

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Washington Chocolate Co. v. Canterbury Candy Makers

Washington Supreme Court
138 P.2d 195 (1943)

RW

Facts

Canterbury Candy Makers (defendant) owed Washington Chocolate Company (plaintiff) $2,925. The two companies signed a contract by which Canterbury agreed to buy all of its chocolate from Washington Chocolate for five years, at Washington Chocolate’s list price. Although the list price to some extent reflected market conditions and production costs, Washington Chocolate charged its customers different prices depending on the volume of business a customer provided and other competitive considerations. Customers had no control over Washington Chocolate’s prices, and the prices could change daily. A day after signing the first contract, Canterbury’s president, C.T. Thorsen, assumed Canterbury’s debt and signed a second contract with Washington Chocolate, by which Canterbury would buy all of its chocolate from Washington Chocolate, but only until Thorsen paid off the debt he had assumed. Thorsen discharged the debt less than three years later, at which point Canterbury took its business elsewhere. Washington Chocolate sued Canterbury for breaching the first contract. The trial judge entered judgment for Canterbury, notwithstanding the jury’s contrary verdict, and Washington Chocolate appealed to the state supreme court.

Rule of Law

Issue

Holding and Reasoning (Mallery, J.)

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