Western Railroad Builders Corporation, a Utah Corporation,plaintiff-counter-defendant-appellant, v. Conda Partnerships, an Idaho General Partnership; Nu-westindustries, Inc., a Delaware Corporation; Westernco-operative Fertilizers (u.s.), Inc., a Delawarecorporation, Defendants-counter-claimants-appellees, 50 F.3d 18 (9th Cir. 1995)

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U.S. Court of Appeals for the Ninth Circuit - 50 F.3d 18 (9th Cir. 1995) Submitted March 7, 1995. *Decided March 9, 1995

Before: PREGERSON, KOZINSKI, and LEAVY, Circuit Judges.

MEMORANDUM** 

Western contends that it either entered into a contract amendment with Conda or, in the alternative, modified the parties' existing agreement to cover the 1992 hauling season. Neither of these claims has merit. Even if the parties orally modified or agreed to amend the contract, these changes didn't set forth a new price, provide a formula from which to derive the price, or import the price provision of the original contract. The parties thus could not have formed a binding contract because their "agreement" lacked an essential term. Traylor v. Henkels & McCoy, Inc., 585 P.2d 970, 972 (Idaho 1978).

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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