The opinion of the court was delivered by: Wayne R. Andersen United States District Court
Wayne R. Andersen District Judge
MEMORANDUM OPINION AND ORDER
This case is before the court on the motion of Defendant Labudde Group, Inc. ("Labudde") for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). Plaintiff Pullman Sugar, LLC ("Pullman") filed a complaint for breach of contract and Labudde now moves for summary judgment claiming that no contract between the parties existed. For the reasons set forth below, Labudde's motion is granted and summary judgment is entered in favor of Labudde.
Pullman, a company with its principal place of business in Illinois, sought to purchase a large amount of sugar from Labudde, a Wisconsin corporation. The two parties negotiated the sale and purchase of sugar prior to February 15, 2008. On that date, three documents were generated that form the basis for Pullman's breach of contract action. Justin Scholz, an employee of Labudde, sent the first document, an e-mail (the "Scholz e-mail"), to Brandon Boomsma, a Pullman employee. The e-mail stated as follows:
Here's what we need to proceed:
1. a firm offer in writing saying that you will pat $.17/lb "as is", FOB Baltimore, MD and will ship everything over the next 30 days.
2. a written guarantee that you will remove the sugar from the packaging and that packaging will be destroyed
3. payment terms such as wire transfer each day to cover the product that will pick up or a lump sum wire up front to cover X amount of shipments, etc.
Also, a reminder that there is still a chance that half of this 5.4 million pounds will have to go to another customer.
Thanks, Justin Scholz LaBudde Group -- FL 608-358-0190 Mr. Boomsma promptly responded with the second document, an e-mail (the "Boomsma e-mail"), which stated, in its entirety, "Here is your offer. Please email me back the signed confirmation or fax it back to me." Attached to the Boomsma e-mail was the third document (the "Pullman Offer"). The Pullman Offer was signed by Mr. Boomsma and stated the following:
This offer lies between Pullman Sugar of 700 E. 107th Street, Chicago, IL 60628 and Labudde Group of 1239 ...