Stacks v. F & S Petroleum Company, Inc.

641 S.W.2d 726 (1982)

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Nature of the Case

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Facts

This case involves a requirements agreement. P agreed to supply and did supply gasoline to D's outlet store. Per an agreement, P would supply up to 50,000 gallons per month. D refused to pay claiming the lessee, Davis, owed the monies. P sued D for $37,527.80, the outstanding balance owed on the gas supplied the outlet. D defended in part by claiming that the agreement was indefinite as to quantity and did not require him to buy any gas at all, even a minimum order, nor did it specify how long the agreement would last. Further, the agreement did not purport to obligate P to supply gas to a subsequent lessee nor did it make D the guarantor of the debt of Davis. The jury gave the verdict to P, and D appealed.