Hennepin Paper Co. v. Fort Wayne Corrugated Paper Co.

153 F.2d 822 (7th Cir. 1946)

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Nature of the Case

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Facts

P sued D alleging a breach of contract to wit; D failed to take and pay for 800 tons of corrugated materials per month. A written contract was signed between the parties that stated that D would buy 600 tons more or less. The court determined the contract to be unambiguous and parol evidence could not be used to vary the terms. D was given the judgment. P then filed a reformation suit. D moved for summary judgment based on res judicata. It was granted. P appealed.