Dist. Ct. did not err in dismissing as untimely plaintiff’s breach of contract action involving shipment of olivine sand, where contract between parties required plaintiff to file any cause of action with respect to breach of said contract within four months of discovery of any “dispute,” and where plaintiff waited two years to file instant lawsuit. While plaintiff argued that relevant provision required that it only notify defendant of any dispute within four months of its discovery, other provisions of contract indicated that term “dispute” more likely referred to “lawsuit” to be brought under instant contract. Moreover, other provisions in contract contained “notification” requirements, which precluded finding that instant four-month provision was mere notification requirement. Also, parties’ conduct following signing of contract was irrelevant, where contract was not ambiguous.
Federal 7th Circuit Court
Civil Court
Contracts