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05/06/88 Great Western Sugar v. World's Finest Chocolate

May 6, 1988

GREAT WESTERN SUGAR COMPANY, PLAINTIFF-APPELLEE

v.

WORLD'S FINEST CHOCOLATE, INC., DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

523 N.E.2d 1149, 169 Ill. App. 3d 949, 120 Ill. Dec. 238 1988.IL.696

Appeal from the Circuit Court of Cook County; the Hon. Louis J. Giliberto, Judge, presiding.

APPELLATE Judges:

JUSTICE PINCHAM delivered the opinion of the court. LORENZ, P.J., and MURRAY, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE PINCHAM

Plaintiff, The Great Western Sugar Company (Great Western), instituted this action against the defendant, World's Finest Chocolate, Inc. (World's Finest), for an alleged breach of a contract for the sale of sugar. After a trial by the court judgment in the amount of $60,445.48 and costs was entered against World's Finest in favor of Great Western. World's Finest appeals. We affirm.

The facts established at trial follow. Great Western was in the business of manufacturing and selling sugar. Jim Carroll was Great Western's regional sales manager in the Chicago area. World's Finest was in the business of manufacturing chocolate for sale to charitable and fund-raising organizations. Jim Herrick was responsible for World's Finest's purchases of sugar and other materials. Herrick arranged for the purchase of sugar by World's Finest from Great Western through Carroll.

On October 20, 1980, in a telephone conversation with Carroll, Herrick ordered 6,000 hundredweights of sugar from Great Western. Herrick and Carroll agreed that the sugar would be delivered to World's Finest during the first quarter of 1981. Following the October 20, 1980, telephone conversation between Herrick and Carroll, C. H. Criswell, Great Western's vice-president in sales, sent to Herrick a confirmation letter dated October 24, 1980, confirming the terms of the October 20 telephone agreement between Carroll and Herrick. Criswell's letter stated in pertinent part:

"Dear Mr. Herrick:

We are pleased to confirm our refined sugar sale to you, under the following conditions:

Quantity: 6,000 CWT

Product: Truckloads Bulk Sugar EFG

Delivery Period

and Price: Jan -- Mar '81 -- 6000 CWT at $47.90 plus Actual Freight

Payment Terms: 2% 10 Net Days from date of invoice

Other Conditions: Delivered price of $49.76 was authorized by Mr. C. H. Criswell to meet competition from Indiana Sugars.

This letter is a written confirmation of our agreement, and unless it is signed by the Buyer and returned to Great Western within 15 days from the date hereof, the agreement shall be deemed breached by Buyer and automatically terminated. Please sign and return to me the enclosed ...


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