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Eco Recycling accused of reneging on aluminum deal

By Molly English-Bowers | Jan 17, 2016

BELLEVILLE – An Illinois corporation is suing over a third-party purchase contract over a bale of aluminum that didn't happen, alleging breach of contract and unjust enrichment.

Becker Iron & Metal Inc. filed the suit on Dec. 30 in St. Clair County Circuit Court against Eco Recycling Solutions LLC.

On Nov. 2, 2015, the plaintiff entered into a purchase contract with the defendant, agreeing to broker the sale of 250,000 pounds of baled aluminum cans from the defendant to a third-party purchaser. The contract allegedly assured the plaintiff that any downgrades or rejections would be made good by the defendant, and that the bale would be clean of contaminants, the suit says.

The suit alleges the plaintiff paid $60,000 to the defendant toward the total price and directed the aluminum to the third party for final processing. The purchaser rejected the bale, however, as allegedly containing excessive non-aluminum cans and trash. The bale also allegedly damaged the third party's shredding machine.

The plaintiff allegedly revoked its acceptance of the bale from the defendant, secured the return of the bale and reimbursed the third party for the damage to the shredder.

The plaintiff cites breach of contract against the defendant, since it did not provide a clean bale for the sale. The plaintiff further alleges unjust enrichment as a result of the transfer of $60,000 to the defendant. The plaintiff also allegedly paid shipping expenses of the bale. 

Becker Iron  seeks a judgment of at least $60,000, attorney fees and court costs, post-judgment interest, and other relief the court deems appropriate. It is represented by M. Quinn Murphy and Bryon Hale of Summers Compton Wells LLC of St. Louis.

St. Clair County Circuit Court case number 15-L-733

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