Irvington Elevator Company v. Heser

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (5th) 110184
Decision Date: 
October 24, 2012
District: 
5th Dist.
Division/County: 
Marion Co.
Justice: 
GoLDENHERSH
Holding: 
Reversed and remanded.
In breach of contract claim for grain contracts, parties' course of dealing is highly relevant; in numerous instances, oral contracts were honored though confirmations were sent months later, and many contracts could not be priced or performed for two years after oral agreement. Whether Plaintiff's confirmations were sent within a reasonable period of time is a question of fact, involving fact-intensive inquiry per UCC, including course of dealing and trade usage. (WELCH and CHAPMAN, concurring.)