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CARLING BREWING CO. v. DOYLE DISTRIBUTING

No. 75-522.

41 Ill. App.3d 116 (1976)

353 N.E.2d 222

CARLING BREWING COMPANY, INC., Plaintiff-Appellant, v. GEORGE F. DOYLE DISTRIBUTING COMPANY, INC., Defendant-Appellee.

Appellate Court of Illinois — Second District (1st Division).

Opinion filed August 17, 1976.

Attorney(s) appearing for the Case

Joel A. Haber and Nicholas G. Dozoryst II, both of Chatz, Sugarman & Abrams, of Chicago, for appellant.

Richard S. Finn, of Finn, Geiger & Rafferty, of Waukegan, for appellee.

Reversed and remanded.

Mr. JUSTICE HALLETT delivered the opinion of the court:

The plaintiff Brewing Company delivered two orders of beer to the defendant distributor on February 22 and 28, 1973, 2% discount in 10 days. The defendant has never paid and the plaintiff made no further deliveries and filed suit on November 2, 1973. The trial court entered summary judgment for the defendant on the ground that said delay in filing suit constituted an "extension...

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