A Salem stone company claims it was financially injured when another company breached a contract for the delivery of 60,000-70,000 tons of stone.
Shawnee Stone LLC filed the complaint on Sept. 25 in the U.S. District Court for the Southern District of Illinois against Cain Brothers Inc., alleging breach of contract.
According to the complaint, Shawnee Stone and Cain Brothers entered into a contract on May 12 “for the sale of certain rock to be supplied in weekly deliveries to defendant at a price of $14.50 per ton.” The defendant agreed to purchase 60,000-70,000 tons of MVD 2-4 ton stone.
Then on July 8, Cain Brothers requested Shawnee Stone to reduce the price by $1 per ton. The plaintiff rejected the request to modify the price.
The following day Cain Brothers allegedly notified Shawnee Stone that it was terminating the contract prior to the first supply delivery and entering into a different contract with another party.
“Defendant breached the contract by its repudiation and refusal to perform,” the suit states.
The plaintiff claims that if the contract was fully performed, the price for the stone supply would total a minimum of $870,000 and a maximum of $1,015,000.
“Plaintiff has been damaged by Defendant’s breach because it is now unable to realize any of the profits it expected to receive from performance under the contract,” the suit states.
“In order to mitigate its damages, plaintiff will have to attempt to sell the Stone it prepared to supply Defendant and potentially sell it for less than the amount provided in the contract,” it continues.
The plaintiff seeks a judgment in its favor in excess of $75,000, plus attorney’s fees, costs and any additional relief the court deems just.
It is represented by Christopher Byron of Byron Carlson Petri & Kalb LLC in Edwardsville.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-985