Highland Supply suing vendor for billing too much

Ann Knef May 30, 2007, 8:00am

Highland Supply Corp. filed suit against Altivity Packaging, doing business as Pekin Paperboard Co., for overstating net shipping charges on paper products.

According to a suit filed May 21 in Madison County Circuit Court, the defendant billed Highland Supply for amounts in excess of actual gross shipping weights. The suit claims the vendor violated the Illinois Consumer Fraud and Deceptive Business Practices Act and seeks $69,997.66 in compensatory damages, plus punitive damages.

"That Defendant intended for Plaintiff and other customers to rely on the invoices in paying for shipment, and that in reliance on, inter alia, Defendant's aforesaid guarantee, Plaintiff on numerous occasions paid the invoice amount to Defendant," the complaint filed May 21 states.

The suit also claims common law fraud.

Highland Supply is represented by Christopher P. Threlkeld of Lucco, Brown, Threlkeld & Dawson of Edwardsville.

"That Plaintiff relied on Defendant's practices and claim of net weight on the invoice to make payment in accordance with those terms, and that Defendant intended for Plaintiff to rely on that practice and claim of net weight," the complaint states.

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