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F. RAY MOORE OIL CO., INC. v. STATE

No. 852SC802.

341 S.E.2d 371 (1986)

F. RAY MOORE OIL COMPANY, INC. v. STATE of North Carolina; Thomas Todd, State Purchasing Officer; and William R. Rhinehart, Senior State Purchaser.

Court of Appeals of North Carolina.

April 1, 1986.

Attorney(s) appearing for the Case

McMullan & Knott by James B. McMullan, Jr., Washington, for plaintiff-appellant.

Atty. Gen. Lacy H. Thornburg by Special Deputy Atty. Gen. T. Buie Costen and Associate Atty. Gen. Victor H. E. Morgan, Jr., Raleigh, for defendants-appellees.

WEBB, Judge.

The first question posed by this appeal is whether it was a breach of contract for the plaintiff to base its price to the State on the posted price of Apex Petroleum rather than on the price it was actually paying for oil, some of which was bought from other suppliers. We hold this was a breach of contract. In the section of the contract dealing with price adjustments paragraph (b) says: "Decrease: The State shall receive full proportionate benefit...

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