Florida/Georgia Personal Injury & Workers Compensation

...Therefore, well prior to the adoption of the Uniform Commercial Code, case law generally held requirements contracts binding. See 26 A.L.R.2d 1099, 1139. The Uniform Commercial Code, adopted in Florida in 1965, specifically approves requirements contracts in F.S. 672.306 (U.C.C....

...fuel requirements exclusive of the take-or-pay minimum in its contract with the natural gas company; and the total fuel consumption during the third year of the Union contract was equivalent to approximately 1,318,411 barrels of oil. Florida Statute 672.306(1) (1971), F....

...*1194 The Court also finds that none of the writings relied upon by Topp, considered either separately or as a whole, supply the key terms of the alleged oral agreements. Topp argues that because the agreements dealt with a sale of goods, they are governed by Fla. Stat. § 672.306, which provides, in relevant part, "[a] lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the g...

..., as just discussed, Judge Simonton found, and the Court agrees, that this was a contract for an exclusive distributorship agreement rather than a contract for a sale of goods. Second, assuming arguendo that "all" is a sufficient quantity term under § 672.306, Topp has still not proffered any writings that speak to duration, price or subject matter, which under § 725.01, are key terms needed to satisfy the Statute of Frauds....

...yond the quantity of goods admitted; or (c) With respect to goods for which payment has been made and accepted or which have been received and excepted (s. 672.606). [4] As a result, the Court also affirms the Magistrate Judge's finding that even if § 672.306 applies, there is still no writing presented by Topp that satisfies the Statute of Frauds....

...nt by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale. § 672.306(2), Fla....

...We hold that no error has been made to appear upon the trial judge's holding that plaintiff's arrangement with the builder did not constitute a "same direct contract" as required by the statute for a blanket-type lien. Plaintiff's argument that his arrangement was a "requirement contract" (see Fla. Stat. § 672.306) is unavailing in that the provisions of this section are not met by the arrangement shown....