Quaker State Mushroom Co. v. Dominick's Finer Foods, Inc.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Quaker State Mushroom Co. (“Quaker State”), a Pennsylvania corporation, has filed this diversity breach of contract complaint charging that Dominick’s Finer Foods, Inc. (“Dominick’s”), a Delaware corporation doing business in Illinois, failed to pay the agreed price for four orders of canned mushrooms. The parties have completed discovery, and Quaker State has filed a motion for summary judgment. For the reasons stated below, Quaker State’s motion for summary judgment is denied.

I. THE FACTS

It is undisputed that in late March of 1982, Joseph…