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Contracts Keyed to Epstein
Midwest Grain Products of Ilinois, Inc. v. Productization, Inc. and CMI Corp.
Citation:
228 F.3d 784 (2000)Facts
On January 12, 1993, Midwest Vice President, Petricola, sent a letter to PI President, Livingston, requesting a quote on grain dryers to be used in Midwest’s expansion of its facility in Pekin, Illinois. Livingston responded with the price and Midwest accepted. With the deal in hand, PI then returned to CMI to manufacture the dryers. On May 10, Midwest sent the requested letter directly to CMI. The letter commits Midwest to make payment for equipment purchased by PI from CMI Corporation for Midwest’s project, with checks payable jointly to PI and CMI. The first dryer reached Midwest in February 1994, but it was not put into service until 1995. Midwest experienced a variety of problems with the units. Unhappy with CMI and PI, Midwest filed this action.
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