Legal Opinion

Miller v. McLean County Unit District No. 5 (In re Modern Dairy of Champaign, Inc.)

Court of Appeals for the Seventh Circuit

Decided March 24, 1999No. Nos. 98-1986, 98-2713PublishedCited by 1 opinion

1Opinion of the Court

POSNER, Chief Judge.

Modern Dairy of Champaign, Inc. went into bankruptcy and the trustee brought adversary actions to recover payment for deliveries of milk that the dairy had made to two school districts, McLean and Cham-paign. The districts conceded nonpayment but sought to offset, against the payments due, damages that they claimed to have sustained when the dairy had stopped delivering milk to them. They argued that their contracts with the dairy were requirements contracts, by which they mean not only that they agreed to buy all their requirements of milk from the dairy, which is the…

2Cases cited23 opinions

  1. Wood v. . Duff-GordonNew York Court of Appeals · 1917
  2. Farm Credit Bank of St. Louis v. WhitlockIllinois Supreme Court · 1991
  3. Market Street Associates Limited Partnership and William Orenstein v. Dale FreyCourt of Appeals for the Seventh Circuit · 1991
  4. Merritt-Campbell, Inc., Plaintiff-Counter Defendant-Appellee-Cross-Appellant v. Rxp Products, Inc., Defendant-Counter Plaintiff-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1999
  5. Advent Systems Limited, in No. 90-1069 v. Unisys Corporation, in No. 90-1070Court of Appeals for the Third Circuit · 1991

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3Cited by1 opinion

  1. In Re: Modern Dairy of Champaign, Inc., Debtor. Steve Miller, as Trustee in Bankruptcy for the Estate of Modern Dairy of Champaign, Inc. v. McLean County Unit District No. 5 and Champaign Community Schools District No. 4Court of Appeals for the Seventh Circuit · 1999

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