Smart Data, Inc. v. United Parcel Service, Inc.

Plaintiff sued defendant for breach of contract for defendant’s delivery of plaintiff’s goods. Defendant’s motion for summary judgment was granted based upon the trial court’s conclusion that plaintiff had ratified defendant’s actions. On appeal plaintiff argues that the trial court erred by inferring ratification as a matter of law.

Plaintiff is a distributor of computer products located in a Chicago suburb, and defendant provides a delivery service as a common carrier. During a three-week period in mid-1987 plaintiff contracted with defendant to ship five orders of merchandise to the Keydata…