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D & S AUTO PARTS, INC. v. SCHWARTZ

No. 86-3140.

838 F.2d 964 (1988)

D & S AUTO PARTS, INC., Plaintiff-Appellant, v. Sheldon SCHWARTZ, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 4, 1988.

Attorney(s) appearing for the Case

Mason D. Sullivan, Chicago, Ill., for plaintiff-appellant.

James R. Vogler, Winston & Strawn, Chicago, Ill., for defendants-appellees.

Before BAUER, Chief Judge, COFFEY, Circuit Judge, and PELL, Senior Circuit Judge.

PELL, Senior Circuit Judge.

D & S Auto Parts (D & S), a retail auto parts dealer, purchased wholesale auto parts from defendant A.P. Walter Company, Inc. (Walter). Defendant Bernard Saul was the Walter salesperson assigned to the D & S account. Each week, Saul took inventory at the D & S warehouse and phoned in an order to Walter for needed parts. After delivery by common carrier, Walter mailed invoices to D & S, which D & S paid upon receipt...

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