Contract – Factory Sale – Warehouse Heat – Agreement to Supply/Pay – Vagueness

Contract – Factory Sale – Warehouse Heat – Agreement to Supply/Pay – Vagueness (access required)

Micro Capital Investors, Inc. v. Broyhill Furniture Industries Defendant’s furniture factory and adjacent warehouse were heated by boilers that were powered by burning waste wood, a byproduct of the manufacturing process. When plaintiff bought the factory from defendant, plaintiff agreed to continue to provide heat to the adjacent warehouse, and defendant agreed to pay one-fourth of defendant’s “total heating bill.” Under the particular circumstances of this case, these terms were too indefinite to be enforceable.

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