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COMARK MERCHANDISING, INC. v. HIGHLAND GROUP, INC.

Nos. 90-1672, 90-1763.

932 F.2d 1196 (1991)

COMARK MERCHANDISING, INCORPORATED, Plaintiff-Appellant/Cross-Appellee, v. HIGHLAND GROUP, INCORPORATED, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 23, 1991.

Attorney(s) appearing for the Case

James A. Flesch, Richard S. Davis, Rudnick & Wolfe, Chicago, Ill., for plaintiff-appellant/cross-appellee.

J. Timothy Cerney, Diana J. Faust, Edward J. McGillen, Carroll, Hartigan & McCauley, Chicago, Ill., for defendant-appellee/cross-appellant.

Before BAUER, Chief Judge, WOOD, Jr., and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

The plaintiff contracted with the defendant to produce two million recipe brochures for the defendant's pizza promotional project. The parties exchanged price quotations and a purchase order reflecting the agreement. The plaintiff's price quotations contained an additional terms provision requiring interest and attorney's fees in the event of late payment. A dispute arose concerning the amount due under the contract, and this litigation ensued...

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