International Harvester Co. v. Bostick's International, Inc.

HOLMES, Judge.

This is a contract case.

The plaintiff, a former International Harvester dealer, sued defendant, International Harvester (IH) claiming approximately $5,000. The plaintiff alleged the money was owed by virtue of a volume discount program established by contract. The circuit court, without a jury, entered a judgment for plaintiff and the defendant company appeals. We affirm.

The dispositive issue on appeal is whether the terms of the contract required plaintiff to perform a certain contractual condition precedent before entitling plaintiff to a rebate.

The case was tried upon an…