Reis Robotics Usa, Inc. v. Concept Industries, Inc.

462 F. Supp. 2d 897 (N.D. Ill. 2006)

Facts

P and D entered into a contractual arrangement for D to purchase a robotic laser cutting machine. P was in the process of manufacturing the Laser D informed P that some of the associated fixtures were no longer needed. The purchase price was amended. Other changes were made and eventually the parties got into a price dispute. At that point D had paid $588,600. P sued D claiming that D owed a remaining balance of $264,300 plus interest. Concept answered with affirmative defenses. D also responded with counterclaims for: (1) fraudulent inducement; (2) misrepresentation; (3) unjust enrichment; (4) promissory estoppel; (5) breach of contract; (6) breach of express warranty; and (7) overpayment. In the affirmative defenses, D claimed the contract was void for fraud and failure of consideration. D also claimed laches, waiver, estoppel, and unclean hands. D listed factual allegations in its counterclaim but failed to make or incorporate those allegations into the affirmative defenses. In many of the denials D claimed that the contract was procured by fraud.