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Luedtke Engineering Co., Inc. v. Indiana Limestone Co., Inc.
United States Court of Appeals for the Seventh Circuit
740 F.2d 598 (1984)
Luedtke Engineering Co., Inc. (Luedtke) (plaintiff) was a general contractor. Luedtke was preparing a bid to repair part of the Milwaukee harbor. Indiana Limestone Co., Inc. (defendant) sent Luedtke a price quote for stone. Luedtke incorporated Indiana Limestone’s price quote into a successful bid on the Milwaukee harbor project. Luedtke then sent a purchase order to Indiana Limestone that said Indiana Limestone should ship 1,500 tons of stone per day. Indiana Limestone did not object to this schedule. Indiana Limestone fell behind schedule due to disruptions in rail service, labor strikes, and bad weather. Luedtke had previously experienced similar delays for stone shipments. Indiana Limestone completed its stone shipments several months later than Luedtke had requested in the purchase order, but Luedtke nonetheless completed the harbor repair project well ahead of schedule. Luedtke sued Indiana Limestone for breach of contract, alleging that Indiana Limestone’s failure to deliver timely shipments resulted in damages. The district court held that the shipping schedule contained in Luedtke’s purchase order was not part of the parties’ contract, and that Indiana Limestone had not breached the contract. Luedtke appealed.
Rule of Law
Holding and Reasoning (Bauer, J.)
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