Laclede Gas Co. v. Amoco Oil Co.

United States Court of Appeals, Eighth Circuit, 1975.

522 F.2d 33.

Dawson, pp. 162-164

 

Facts: Laclede, a distributor, contracted with Amoco, a supplier, to provide propane for its commercial customers.  In the face of an oil shortage, Amoco told Laclede that it was going to ration its supply to 80% of the previous supply, then raised the price and finally terminated the agreement.  The plaintiff sued for an injunction against termination.

 

Issue: May the plaintiff be granted specific performance of its agreement with the defendant?

 

Rule: When there is a contract for a good that is in short supply, the contract is “unique” and specific performance may be ordered.

 

Analysis:

 

Conclusion:

 

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