Legal Opinion

Comark Merchandising, Incorporated, Plaintiff-Appellant/cross-Appellee v. Highland Group, Incorporated, Defendant-Appellee/cross-Appellant

Court of Appeals for the Seventh Circuit

Decided May 23, 1991No. 90-1672, 90-1763PublishedCited by 37 opinions

1Opinion of the Court

RIPPLE, Circuit Judge.

The plaintiff contracted with the defendant to produce two million recipe brochures for the defendant’s pizza promotional project. The parties exchanged price quotations and a purchase order reflecting the agreement. The plaintiff’s price quotations contained an additional terms provision requiring interest and attorney’s fees in the event of late payment. A dispute arose concerning the amount due under the contract, and this litigation ensued. Following a bench trial, the district court ruled in favor of the plaintiff, but did not award attorney’s fees. Both parties…

2Cases cited28 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Parts and Electric Motors, Inc., an Illinois Corporation v. Sterling Electric, Inc., a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1989
  4. N&d Fashions, Inc., a Minnesota Corporation and Nelly Don, Inc., a Missouri Corporation v. Dhj Industries, Inc., a New York CorporationCourt of Appeals for the Eighth Circuit · 1977
  5. Schulze and Burch Biscuit Company v. Tree Top, Inc.Court of Appeals for the Seventh Circuit · 1987

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3Cited by37 opinions

  1. Avedon Engineering, Inc. v. SeatexCourt of Appeals for the Tenth Circuit · 1997
  2. Bayway Refining Company, Tosco Corporation, Counter v. Oxygenated Marketing and Trading A.G., CounterCourt of Appeals for the Second Circuit · 2000
  3. Jom, Inc., D/B/A Chipco International, Ltd. v. Adell Plastics, Inc.Court of Appeals for the First Circuit · 1999
  4. JOM, Inc. v. Adell Plastics, Inc.Court of Appeals for the First Circuit · 1998
  5. Southern Illinois Riverboat Casino Cruises, Inc., D/B/A Players Island Casino v. Triangle Insulation and Sheet Metal CompanyCourt of Appeals for the Seventh Circuit · 2002

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