The parties entered into a contract involving the removal of chicken manure from egg-laying facilities. Under the contract, the plaintiff agreed to pay the defendant for the transfer of manure ownership with tonnage to be tracked and billed according to the quantities listed on a manure management manifest. The specific quantity of manure was to be determined by and mutually agreeable to both parties. A dispute arose and the trial court denied the plaintiff's motion for preliminary injunction, concluding that the plaintiff did not prove by clear and convincing evidence that it was likely to prevail on its claim of breach of contract because it failed to prove that the contract required the defendant to provide any specific amount of chicken manure. Ultimately, the trial court returned a verdict for the plaintiff. On appeal, a primary question was whether the contract was a goods contract (sale of chicken manure) governed by the Uniform Commercial Code (UCC) or one for the sale of services (removal of chicken manure) governed by state (OH) common law. The appellate court determined that the contract was one for the sale of goods - the transfer of manure ownership. Thus, the contract was one for the sale of goods - chicken manure. Supporting this finding, the court noted that the plaintiff did not bargain for any services to be provided by the defendant. Instead, the plaintiff was responsible for the removal of manure which it would then resell and spread. As such, the plaintiff's ultimate goal was to acquire a product rather than to procure a service. As a contract subject to the UCC, the plaintiff argued that it was enforceable because it provided a sufficient quantity term ("all available tonnage per year of manure") or that it was a requirements contract. The court determined that the contract was not a requirements contract because the contract was for the sale of the output of manure rather than the manure requirements of the plaintiff, and nothing in the contract barred the defendant from selling manure to another party or preclude the plaintiff from buying manure from another seller. On the quantity issue, which is critical for the contract to be valid under the UCC, the court noted that the parties bargained to reserve quantity for the future agreement of both parties in accordance with future negotiations. Thus, the contract did not contain an enforceable quantity term as quantity was subject to future agreement, and the contract was unenforceable as a matter of law. As such, the appellate court reversed the trial court and remanded the case. H & C Ag Services, LLC v. Ohio Fresh Eggs, LLC, et al., No. 6-15-02, 2015 Ohio App. LEXIS 3615 (Ohio Ct. App. Sept. 14, 2015).