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VLM Food Trading International, Inc. v. Illinois Trading Co.
Citation:
811 F.3d 247 (2016)Facts
VLM Food Trading International, a Montreal-based agricultural supplier, engaged in eighteen separate transactions with Illinois Trading Company, an Illinois produce reseller, for the sale of frozen potatoes. Each transaction followed the same pattern: Illinois Trading sent a purchase order specifying item, quantity, price, and delivery location; VLM responded with an email confirmation accepting those terms; VLM shipped the potatoes and Illinois Trading accepted delivery; finally, VLM sent a trailing invoice by mail after delivery. The trailing invoices contained an attorney’s fees provision making Illinois Trading liable for collection costs and interest if it breached the contracts. Illinois Trading successfully paid for the first nine shipments but encountered financial difficulties and failed to pay for the next nine shipments. VLM filed suit against Illinois Trading, the Obee Family Partnership (which controlled Illinois Trading), and Lawrence Oberman (Illinois Trading’s president) seeking the purchase price, interest, and attorney’s fees.
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