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APEX OIL CO. v. VANGUARD OIL & SERVICE CO. INC.

No. 436, Docket 84-7532.

760 F.2d 417 (1985)

APEX OIL COMPANY, Plaintiff-Appellee, v. VANGUARD OIL & SERVICE CO. INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 18, 1985.

Attorney(s) appearing for the Case

Steven E. Levitsky, New York City (Charles E. Simpson, Lihn Menaker & Simpson, New York City, on brief), for defendant-appellant.

Donald F. Mooney, New York City (Thomas M. Eagan, New York City, on brief), for plaintiff-appellee.

Before FEINBERG, Chief Judge, and OAKES and NEWMAN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This diversity case involves an alleged oral contract for the sale of $8.8 million of fuel oil. Following a bench trial, the District Court for the Southern District of New York (John F. Keenan, Judge) found that plaintiff-appellee Apex Oil Company ("Apex") and defendant-appellant Vanguard Oil & Service Company, Inc. ("Vanguard") had entered into such a contract, under which Vanguard was to sell and Apex to buy. Finding that Vanguard...

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