ANNA READY MIX, INC. v. N.E. PIERSON CONST. CO.

Civ. No. 88-4066.

747 F.Supp. 1299 (1990)

ANNA READY MIX, INC., Plaintiff/Counter-defendant, v. N.E. PIERSON CONSTRUCTION CO., INC., Defendant/Counter-plaintiff.

United States District Court, S.D. Illinois, Benton Division.

October 16, 1990.


Attorney(s) appearing for the Case

John P. Womick, R. Courtney Hughes, Carbondale, Ill., Larry E. Hepler, Burroughs, Simpson, Hepler, Broom & MacDonald, Edwardsville, Ill., for plaintiff/counter-defendant.

Paul G. Schoen, Rebecca Whittington, Jill E. Adams, Feirich, Schoen, Mager, Green & Associates, Carbondale, Ill., for defendant/counter-plaintiff.


MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

On July 23, 1983, Pierson Construction Company, Inc. (Pierson) and Anna Ready Mix, Inc. (ARM) entered into an agreement for the purchase of concrete. Pursuant to the agreement, ARM was to provide concrete for use by Pierson in constructing grain silos at two sites in Mound City, Illinois. The agreement specified that the concrete, unless otherwise agreed, would have a strength of 3,000 pounds per square inch (p...

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