CONSOLIDATED FREIGHTWAYS v. PEACOCK ENG.

No. 1-92-1896.

628 N.E.2d 300 (1993)

256 Ill. App.3d 68

194 Ill.Dec. 803

CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, a Delaware corporation, Plaintiff-Appellee and Cross-Appellant, v. PEACOCK ENGINEERING COMPANY, a Delaware corporation, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, First District, Third Division.

November 10, 1993.


Attorney(s) appearing for the Case

William J. Wickersty, J. Herbert Landon, Ltd., Chicago, for appellant.

Steven C. Weiss, Martin, Craig, Chester & Sonnenschein, Chicago, for appellee.


Justice CERDA delivered the opinion of the court:

Defendant, Peacock Engineering Company, appeals from the entry of summary judgment in favor of plaintiff, Consolidated Freightways Corporation of Delaware, and from the denial of defendant's motion for summary judgment. Plaintiff cross-appeals from the denial of an award of pre-judgment interest. We affirm.

The issue in this case is whether, where a common carrier delivers a shipment without a demand for payment...

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