Legal Opinion

McMahon Food Corp., and Counterdefendant-Appellant v. Burger Dairy Co., and Counterplaintiff-Appellee

Court of Appeals for the Seventh Circuit

Decided February 19, 1997No. 95-3974PublishedCited by 25 opinions

1Opinion of the Court

COFFEY, Circuit Judge.

Burger Dairy Company (“Burger”) and McMahon Food Corporation (“MFC”) were involved in a contract dispute over milk products that Burger sold to MFC, as well as credits for empty milk cases that MFC returned. MFC brought a declaratory judgment action against Burger, asserting that it effected an accord and satisfaction of its debt by tendering two checks with attached vouchers, one marked “payment in full through 6/6/92,” the other marked, “paid in full thru 8/8/92,” to Burger. Burger counter-sued, seeking $58,518.41 from MFC. The trial court denied MFC relief, ruling…

2Cases cited15 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. L.S. Heath & Son, Inc. v. At & T Information Systems, Inc.Court of Appeals for the Seventh Circuit · 1993
  3. United States v. James P. HickokCourt of Appeals for the Seventh Circuit · 1996
  4. Sunstream Jet Express, Inc., a Delaware Corporation v. International Air Service Co., Ltd., a California CorporationCourt of Appeals for the Seventh Circuit · 1984
  5. Charles E. Covey, as Trustee of v. Jobst & Sons, Inc., Cross-Appellant v. Commercial National Bank of Peoria, Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1992

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3Cited by25 opinions

  1. Tractebel Energy Marketing, Inc. v. AEP Power Marketing, Inc.Court of Appeals for the Second Circuit · 2007
  2. Thomas P. Davis and Cathy M. Davis v. G.N. Mortgage Corporation and Countrywide Home Loans, Inc.Court of Appeals for the Seventh Circuit · 2005
  3. Fyrnetics (Hong Kong) Limited and Walter Kidde Portable Equipment, Inc. v. Quantum Group, Inc.Court of Appeals for the Seventh Circuit · 2002
  4. Mary L. Clark v. Marvin T. Runyon, Jr., Postmaster General, United States Postal ServiceCourt of Appeals for the Seventh Circuit · 1997
  5. Laborers' Pension Fund v. Pavement Maintenance, Inc.Court of Appeals for the Seventh Circuit · 2008

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