Marquette agreed to provide all cement that Norcem would need for over two years. The quantity and sales price for the first two shipments were specified in the contract. The third shipment, according to the contract, was to be negotiated for a price "not to exceed $38 per short ton." At the time of the third shipment, Marquette told Norcem the price would be $38; Norcem responded that Marquette's insistence on the maximum price was not in good faith and refused to buy the cement. Marquette sued for breach of contract. Was Marquette right? [Marquette v. Norcem 494 N.Y.S.2d 511, Sup. Ct., App. Div., NY (1985)]