R.R. Donnelley & Sons Co. v. Vanguard Transp. Systems, Inc.
United States District Court for the Northern District of Illinois
641 F. Supp. 2d 707 (2009)
R.R. Donnelley & Sons Co. (Donnelley) (plaintiff) had an agreement with Macy’s to mail brochures about an after-Christmas sale to Macy’s customers. Donnelley contracted Vanguard Transportation Systems, Inc. (Vanguard) (defendant) to deliver brochures from Kentucky to Atlanta by December 16 for $750. Vanguard took the brochures to Atlanta but not to Donnelley. Vanguard told Donnelley it would “attempt” to deliver. Donnelley needed the brochures no later than December 21 to mail them in time for the sale. On December 21, Vanguard said it would try to deliver that morning and later admitted delivery would not be made that day. An outside carrier could have made the delivery for about $250. The brochures were delivered on December 27, and Macy’s refused to pay Donnelley. Donnelley sued Vanguard for breach of contract and asked for the cost of the brochures, $81,650, in damages. Vanguard raised the affirmative defense that Donnelley failed to mitigate damages.
Rule of Law
Holding and Reasoning (Cole, J.)
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