BAY STATE MILLING CO. v. MARTIN

No. 89-1336.

916 F.2d 1221 (1990)

BAY STATE MILLING COMPANY, a Minnesota Corporation, Plaintiff-Appellee, v. William W. MARTIN, Sr., a resident of the State of Illinois, Defendant-Appellant, and Philip R. Sylvester and National Flour Company of Wisconsin, Inc., a Wisconsin Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 22, 1990.


Attorney(s) appearing for the Case

Michael L. Chernin, Milwaukee, Wis., for plaintiff-appellee.

Saul R. Leibowitz, Chicago, Ill., Michael S. Polsky, Trebon & Polsky, Milwaukee, Wis., for defendants-appellees.

Before BAUER, Chief Judge, CUDAHY, Circuit Judge, and WILL, Senior District Judge.


CUDAHY, Circuit Judge.

Bay State Milling Company ("Bay State"), a seller of baking goods and supplies for resale, sued William W. Martin, Sr., Philip R. Sylvester, and National Flour Company of Wisconsin, Inc. ("National Flour Wisconsin"), a wholesale distributor of baking products, for failing to pay for delivered product pursuant to a guaranty signed by Martin and Sylvester. Martin denied liability; Sylvester admitted liability, and cross claimed against Martin...

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