Brick supplier sues for $1.2 million over rejected orders

By Kelly Holleran | Aug 4, 2010

A brick supplier has filed suit against a company that failed to follow through on its promise to purchase specially ordered brick.

Ossola Industries claims it entered into an oral contract with Amsted Rail in October 2006 in which Amsted agreed to purchase industrial brick for $36,753.04. Again, in May 2007, Amsted Rail agreed to purchase $38,880 worth of brick, according to the complaint filed July 20 in Madison County Circuit Court. Finally, in October 2007, Amsted Rail ordered $59,377.64 worth of brick from Ossola, the suit states.

Subsequent to each order, Ossola ordered brick from its supplier, according to the complaint.

However, Amsted has refused to accept delivery of the bricks, leaving Ossola stuck with the bricks that it cannot resell, the suit states.

"Plaintiff has made a good faith effort to attempt resale of the Bricks, but has been unable to find a buyer for such goods," the complaint says. "As a direct and proximate result of Amsted Rail's breach, Ossola has been forced to incur additional finance costs and costs for storage and handling of the Brick."

In its 14-count complaint, Ossola is seeking a judgment of more than $1.2 million, plus pre- and post-judgment interest, costs and other relief the court deems just.

Kevin T. Hoerner and Sean K. Cronin of Belleville will be representing it.

Madison County Circuit Court case number: 10-L-756.

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