Steuart Petroleum Co. v. Salomon Inc. - Superior Court of the State of Delaware (Poppiti J.) - 21 August 1989

Oral agreement for sale of fuel oil - Whether force majeure provision incorporated into agreement

On 18 January 1988 Steuart Petroleum entered into an oral agreement with Phibro, a subsidiary of Salomon, for the purchase of No. 2 fuel oil by Steuart from Phibro. The terms discussed were the product, the quantity to be delivered, the quality, delivery dates (1 February_15 February 1988), location and price. There was no discussion as to additional standard terms or the inclusion of a force majeure or exceptions clause.