Apex Digital, Inc. v. Sears, Roebuck & Co.

Federal 7th Circuit Court
Civil Court
Uniform Commercial Code
Case Number: 
No. 12-3115
Decision Date: 
November 20, 2013
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in granting defendant’s motion for summary judgment in action by plaintiff alleging that defendant breached parties’ contract by refusing to pay amount owed to plaintiff for goods delivered to defendant, where Dist. Ct. found that instant action was filed beyond 4-year limitation period set forth in section 2-725 of Uniform Commercial Code. Both parties had invoices indicating that payment was due sixty days from date of invoice, and instant lawsuit was filed more than four years after applicable payment date contained in last invoice between parties. Fact that parties’ Uniform Terms and Conditions (UTC) agreement did not contain 60-day provision set forth in invoices did not require different result, where UTC did not specify when payments on invoices became due, such that Dist. Ct. could look to parties’ conduct to supply payment due date for purposes of triggering any limitations period.