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APEX DIGITAL, INC. v. SEARS, ROEBUCK & CO.

No. 12-3115.

735 F.3d 962 (2013)

APEX DIGITAL, INCORPORATED, Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 20, 2013.

Attorney(s) appearing for the Case

Siobhan M. Murphy , Lewis Brisbois Bisgaard & Smith LLP, Chicago, IL, for Plaintiff-Appellant.

Mark E. Enright , Hal R. Morris , Arnstein & Lehr LLP, Chicago, IL, for Defendant-Appellee.

Before KANNE, WILLIAMS, and TINDER, Circuit Judges.

KANNE, Circuit Judge.

This suit was brought by Apex Digital, Incorporated, to collect money for goods they sold to Sears, Roebuck & Company. Apex alleged that Sears breached their contract by refusing to pay the total amount it owed to Apex for goods delivered. Sears argued that this action was barred by the four-year statute of limitations set forth in Section 2-725 of the Uniform Commercial Code (the "UCC"). Both parties moved for summary judgment. The district...

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