KSY Juice Blends UK Ltd v Citrosuco GmbH [2024] EWHC 2098 (Comm) (09 August 2024)

The Claimant as seller of a quantity of orange pulp ‘wash’ sought payment of the contract price and damages for the Defendant buyer’s refusal to take delivery. However, although the contract referred to a quantity of 3,600mt/1200mt per year over a 3-year period, a contract price was only specified for the first 400mt. The Court found that there was no more than an unenforceable ‘agreement to agree’ as regards the remaining quantity/price and that the buyer was entitled to refuse delivery of, and payment for, the first year’s remaining 800mt. For the same reason, the Claimant seller (having terminated the contract) was not entitled to damages for a repudiatory breach by the buyer.