Heiman v. Bimbo Foods Bakeries Distribution Co.

Federal 7th Circuit Court
Civil Court
Contracts
Citation
Case Number: 
No. 17-3366
Decision Date: 
August 30, 2018
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in finding that plaintiff’s breach of contract action, that concerned plaintiff’s supply of baked goods to defendant for further sale to public, was untimely under applicable 4-year limitations period set forth in 810 ILCS 5/2-275, where instant claim accrued no later than time of final sale of baked goods in October of 2011, and where plaintiff waited until May of 2017 to file instant lawsuit. Ct. rejected plaintiff’s contention that instant contract was essentially contract for services, which had 10-year limitations period, where instant distributorship agreement was predominately for sale of goods to consumers. Dist. Ct. could also properly dismiss plaintiff’s tortious interference with contract claim arising out of plaintiff’s contention that defendant had fabricated breaches of contract and attributed them to plaintiff, where: (1) instant claim was untimely based on applicable 5-year limitations period, as claim accrued in 2011, when plaintiff knew of instance where defendant had lodged false complaint about plaintiff’s service; (2) fact that plaintiff was unaware at that time of precise wrongdoing did not entitle plaintiff to take advantage of discovery rule; and (3) under Illinois law, party to contract cannot assert tortious interference claim that concerned its own contract.