Carling Brewing Co. v. George F. Doyle Distributing Co.

The plaintiff Brewing Company delivered two orders of beer to the defendant distributor on February 22 and 28,1973,2% discount in 10 days. The defendant has never paid and the plaintiff made no further deliveries and filed suit on November 2, 1973. The trial court entered summary judgment for the defendant on the ground that said delay in filing suit constituted an “extension of credit” beyond 30 days to a distributor, in violation of section 4 of the Illinois Dram Shop Act (Ill. Rev. Stat. 1973, ch. 43, par. 122). We disagree and reverse.

The plaintiff, Carling Brewing Company, sold two…