Separate, Not Installment

In Progressive Laboratories, Inc. v. Living Fuel, Inc., the Fifth Circuit affirmed the district court’s handling of a contract dispute over the purchase and delivery of nutritional supplements, rejecting the seller’s argument that a course of dealing between the parties transformed a series of transactions into a single “installment contract” under Texas Business and Commerce Code section 2.612(a).

The Court held that “the various agreements between the parties were separate transactions, that the mere ‘expectation of future dealings does not creat[e]’” an installment contract, and that where the contractual language is clear, course of dealing need not be considered. No. 25-10232 (July 2, 2026).