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IMPORTS, ETC., LTD. v. ABF FREIGHT SYSTEM, INC.

No. 98-1780EM.

162 F.3d 528 (1998)

IMPORTS, ETC., LTD., a Missouri Corporation, Appellee, v. ABF FREIGHT SYSTEM, INC., a Delaware Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 10, 1998.

Rehearing Denied February 8, 1999.

Attorney(s) appearing for the Case

Joseph E. Rebman, St. Louis, MO, argued (Jeffrey R. Wageher and Robert J. Linhares, St. Louis, MO, on the brief), for appellant.

Louis B. Eckelkamp, Washington, MO, argued, for appellee.

Before RICHARD S. ARNOLD, BEAM, and HANSEN, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

Imports, Etc., Ltd. brought this case against ABF Freight Systems, Inc., claiming that ABF violated the terms of the parties' delivery contract by accepting a form of COD payment not specified in their agreement. The District Court1 found in favor of Imports, and ABF appeals that judgment. We affirm. We hold that a shipper and a carrier may lawfully contract for a specific form of COD payment.

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