Del. Court Won't Let Frac Sand Buyer Avoid $48M Obligation

Law360 (June 14, 2021, 12:34 PM EDT) -- A well services company is bound by a contract to pay more than $48 million for fracking sand it never took possession of, a Delaware state court ruled Friday, saying it can't "rescue" the company from a gamble that didn't pay off.

After holding a five-day bench trial earlier this year, Superior Court Judge Paul R. Wallace issued a verdict Friday that US Well Services LLC owes Smart Sand Inc. for 1,206,795 tons of frac sand it contracted to buy but never followed through on after a dispute with Smart Sand, plus interest. The parties contracted for a $40 per ton...

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