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BARTON CHEMICAL CORP. v. PENNWALT CORP.

No. 78-1963.

79 Ill. App.3d 829 (1979)

399 N.E.2d 288

BARTON CHEMICAL CORPORATION, Plaintiff-Appellant, v. PENNWALT CORPORATION, Defendant-Appellee.

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

Opinion filed December 28, 1979.

Attorney(s) appearing for the Case

Allen C. Engerman, Barry A. Erlich, and Belle Lind Gordon, all of Solomon, Rosenfeld, Elliott, Stiefel and Engerman, Ltd., of Chicago, for appellant.

Steven D. McCormick, of Kirkland & Ellis, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE McGLOON delivered the opinion of the court:

Plaintiff, Barton Chemical Corporation, filed this suit for declaratory judgment, seeking an adjudication that it had a "firm price" contract to purchase chlorine and caustic soda for the year 1976, from defendant Pennwalt Corporation. Plaintiff alleged that the contract, though oral, was later confirmed through a letter sent by defendant's regional sales manager, thus satisfying...

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