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Commercial Law Keyed to Zierdt, 1st Ed.
Cosden Oil & Chemical Co. v. Karl O. Helm Aktiengesellschaft
Citation:
736 F.2d 1064 (1984)Facts
In early 1979, during a period of rising polystyrene prices, Helm contracted with Cosden to purchase large quantities of polystyrene through four purchase orders. Cosden made partial deliveries but then experienced production problems at two plants – one due to frozen waterways preventing delivery of raw materials and another due to a defective reactor. Cosden canceled three of the four orders, citing these production problems. Helm requested force majeure certificates and urged Cosden to continue deliveries under the remaining order. Cosden made additional partial deliveries but eventually canceled the remainder of the fourth order as well. Helm withheld payment for the last delivery, claiming a right to offset against damages for Cosden’s non-delivery. The market price of polystyrene continued to rise throughout this period, increasing Helm’s potential damages.
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