Brewster of Lynchburg, Incorporated v. Dial Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that, so long as it acts in good faith, a requirements buyer “may reduce its requirements to any amount, including zero.”
• recognizing that, so long as it acts in good faith, a requirements buyer “may reduce its requirements to any amount, including zero.”
• finding that a party to a requirements contract is not acting in bad faith if it has a business reason for scaling back its requirements
• “If the seller wishes to reallocate some of the inherent risks in such a contract, it may specify some minimum requirement.”
• “[I]f the buyer had a legitimate business reason for eliminating its requirements, as opposed to a desire to avoid its contract, the buyer acts in good faith.” (internal quotation marks and citation omitted)
• “We find the reasoning in Empire Gas persuasive . . . . [A] requirements contract allows a buyer to reduce the quantity demanded to any amount, including zero, so long as it does so in good faith.”

Source: CourtListener parenthetical corpus (CC0).