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BARTON CHEMICAL CORP. v. PENNWALT CORP.

No. 81-941.

106 Ill. App.3d 561 (1982)

436 N.E.2d 51

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

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

Opinion filed May 17, 1982.

Attorney(s) appearing for the Case

Steven D. McCormick and Stanley L. Ferguson, both of Kirkland & Ellis, of Chicago, for appellant.

Allen C. Engerman and Barry A. Erlich, both of Engerman, Erlich & Berman, Ltd., of Chicago, for appellee.

Judgment affirmed in part as modified, and reversed in part.

JUSTICE McGLOON delivered the opinion of the court:

Barton Chemical Corporation (Barton) brought an action against Pennwalt Corporation (Pennwalt), alleging that Pennwalt overcharged on its sales of industrial chemicals to Barton during 1976. Barton argued that its contract with Pennwalt was a fixed-price contract. Pennwalt maintained that the contract was price adjustable. The trial court, sitting...

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