Defendant asks to move bench trial due to discovery issues in breach of contract case

Amelia Flood Jan. 20, 2010, 9:00am

The defendant in a breach of contract suit set for a bench trial next week is asking to reset the date due to discovery issues.

Madison County Circuit Judge Barbara Crowder is scheduled to hear motions in the suit Jan. 21 at 9 a.m.

Defendant PA Ted Spring Company filed its motion Jan. 5.

The company is being sued by AMG Sales Inc. of Edwardsville for breach of contract and violations of the state's Sales Representative Act.

According to its complaint, the two companies entered into a contract stating that AMG would sell PA Ted Spring's products in Missouri, southern Illinois and Kansas. AMG would get a percentage of the sales.

PA Ted Spring terminated the contract in January 2007 but extended the period AMG would continue to sell its products by 180 days.
AMG claims it is owed over $45,000 in commissions and that PA Ted Spring refuses to pay.

It is seeking the $45,000, costs, attorney's fees and other damages.
PA Ted Spring denies it owes the money.

The defendants argue they need more time before the Jan. 25 non-jury trial due to discovery disputes and problems setting up depositions due to winter weather in Chicago and St. Louis.

AMG is represented by Donald Ohl.

PA Ted Spring is represented by Mary Gardner.

The case is Madison case number 08-L-673.

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