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SHIELDS PORK PLUS v. SWISS VALLEY AG SERV.

No. 4-01-0239.

767 N.E.2d 945 (2002)

329 Ill. App.3d 305

263 Ill.Dec. 219

SHIELDS PORK PLUS, INC., Plaintiff-Appellant and Cross-Appellee, v. SWISS VALLEY AG SERVICE, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied May 17, 2002.

Attorney(s) appearing for the Case

Anne M. Martinkus (argued) and James A. Martinkus, both of Erwin, Martinkus & Cole, Ltd., of Champaign, for appellant.

Brett A. Kepley (argued), of Rawles, O'Byrne, Stanko & Kepley, P.C., of Champaign, for appellee.

Justice COOK delivered the opinion of the court:

Plaintiff, Pork Shield Plus, Inc., and defendant, Swiss Valley Ag Service, entered into a contract for the sale of feeder pigs. Under this contract, plaintiff was to provide high-quality feeder pigs "of a Newsham line" to defendant, who would then resell the pigs to its customers. Plaintiff claimed the defendant breached the contract when it did not accept a portion of a delivery under the contract. Defendant counterclaimed...

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