Toll Processing Servs., LLC v. Kastalon, Inc.

18 Citing cases

  1. ACW Flex Pack LLC v. Wrobel

    22-cv-6858 (N.D. Ill. Jul. 26, 2023)   Cited 1 times

    “Put another way, if a plaintiff claims that a defendant breached an obligation other than a contractual obligation, the Moorman doctrine does not apply.” Toll Processing Servs., LLC v. Kastalon, Inc., 880 F.3d 820, 827 (7th Cir. 2018) (quotation marks omitted).

  2. Griffiths v. Eggemeyer

    3:21-cv-01747-SPM (S.D. Ill. Jul. 7, 2022)

    Oral agreements are an enforceable contract if there is (1) an offer, (2) an acceptance, and (3) a meeting of the minds as to the terms of the agreement. Toll Processing Services, LLC v. Kastalon, Inc., 880 F.3d 820, 829 (7th Cir. 2018); citing Bruzas v. Richardson, 945 N.E.2d 1208, 1215 (Ill.App.Ct. 2011). To be enforceable, an oral agreement's material terms must be “definite and certain”.

  3. Yash Venture Holdings, LLC v. Moca Fin.

    116 F.4th 651 (7th Cir. 2024)   Cited 2 times

    "Under Illinois law, oral agreements are enforceable 'so long as there is an offer, an acceptance, and a meeting of the minds as to the terms of the agreement.'" Toll Processing Servs., LLC v. Kastalon Polyurethane Prods., 880 F.3d 820, 829 (7th Cir. 2018) (quoting Bruzas v. Richardson, 408 Ill.App.3d 98, 349 Ill.Dec. 56, 945 N.E.2d 1208, 1215 (2011)).

  4. AIT Worldwide Logistics, Inc. v. Pac. Coast Container, Inc.

    No. 23CV14616 (N.D. Ill. Sep. 4, 2024)

    All three “exceptions have in common an extra-contractual duty between the parties, giving rise to a cause of action in tort separate from one based on the contract itself.” Id. “Put another way, if a plaintiff claims that a defendant breached an obligation other than a contractual obligation, the Moorman doctrine does not apply.” Toll Processing Servs., LLC v. Kastalon, Inc., 880 F.3d 820, 827 (7th Cir. 2018).

  5. Riviana Foods, Inc. v. Jacobson Warehouse Co.

    No. 18-cv-06550 (N.D. Ill. May. 29, 2020)   Cited 1 times

    "Under Illinois law, a 'bailment is the delivery of property for some purpose upon a contract, express or implied, that after the purpose has been fulfilled, the property shall be redelivered to the bailor, or otherwise dealt with according to his directions, or kept until he reclaims it.'" Toll Processing Servs., LLC v. Kastalon, Inc., 880 F.3d 820, 827 (7th Cir. 2018) (quoting Wausau Ins. Co. v. All Chicagoland Moving & Storage Co., 333 Ill. App. 3d 1116, 1121 (2002)). "To recover under a bailment theory, a plaintiff must establish (1) an express or implied agreement to create a bailment; (2) a delivery of the property in good condition; (3) the bailee's acceptance of the property; and (4) the bailee's failure to return the property or the bailee's redelivery of the property in a damaged condition."

  6. Ottaviani v. Rubino

    23 C 2865 (N.D. Ill. Jul. 17, 2024)

    e. Conversion “To state a claim for conversion under Illinois law, a plaintiff must allege: ‘(1) an unauthorized and wrongful assumption of control, dominion, or ownership by defendant over plaintiff's personalty; (2) plaintiff's right in the property; (3) plaintiff's right to the immediate possession of the property, absolutely and unconditionally; and (4) a demand for possession of the property.'” Toll Processing Servs., LLC v. Kastalon Polyurthane Prods., 880 F.3d 820, 824 (7th Cir. 2018) (quoting Gen. Motors Corp. v. Douglass, 206 Ill.App.3d 881, 886 (1990)).

  7. Lake Shore Pub. Adjusters Grp. v. J.P. Morgan Chase Bank

    1:23-CV-04941 (N.D. Ill. May. 24, 2024)

    There is no “extra-contractual duty” at issue between the parties. See Toll Processing Servs., LLC v. Kastalon, Inc., 880 F.3d 820, 826-27 (7th Cir. 2018). Lake Shore and Pozniak thus cannot seek damages for a conversion claim in what is really a contract dispute.

  8. Barrientos v. Williams-Sonoma, Inc.

    21-cv-05160 (N.D. Ill. Sep. 1, 2023)   Cited 2 times

    To successfully plead common law breach of implied bailment, the plaintiff must show “(1) an express or implied agreement to create a bailment; (2) a delivery of the property in good condition; (3) the bailee's acceptance of the property; and (4) the bailee's failure to return the property or the bailee's redelivery of the property in a damaged condition.” Toll Processing Servs., LLC v. Kastalon, Inc., 880 F.3d 820, 827 (7th Cir. 2018).

  9. AGCS Marine Ins. Co. v. Chillicothe Metal Co.

    651 F. Supp. 3d 934 (C.D. Ill. 2023)

    "To recover under a bailment theory, a plaintiff must establish (1) an express or implied agreement to create a bailment; (2) a delivery of the property in good condition; (3) the bailee's acceptance of the property; and (4) the bailee's failure to return the property or the bailee's redelivery of the property in a damaged condition." Toll Processing Servs., LLC v. Kastalon, Inc., 880 F.3d 820, 827 (7th Cir. 2018) (quoting Wausau Ins. Co. v. All Chicagoland Moving & Storage Co., 333 Ill.App.3d 1116, 268 Ill.Dec. 139, 777 N.E.2d 1062, 1067 (2002)). Based on their briefs, the Parties agree they created a bailment at some point and CMCO first received ASCO's property in good condition.

  10. Thompson Corrugated Sys. v. Engico S.R.L.

    20-cv-122-JPG (S.D. Ill. Apr. 26, 2022)

    Parties may leave some terms out or agree to decide them later, but they must include essential terms certain enough to provide a basis to decide whether the agreement has been kept or breached. See, e.g., Acad. Chi. Publishers v. Cheever, 578 N.E.2d 981, 984 (Ill. 1991) (book publishing contract lacked essential terms where no provisions regarding length and content of book; date of manuscript delivery; criteria for form and content; date, style, manner, and duration of publication; and book price); Toll Processing Servs., LLC v. Kastalon Polyurethane Prods., 880 F.3d 820, 829 (7th Cir. 2018) (storage agreement lacked essential terms because did not specify duration).