1 Midwest also had an unjust enrichment claim in its complaint, but it later voluntarily
withdrew this claim, so it is not at issue on appeal.
November 9, 2007
MIDWEST BUILDER DISTRIBUTING, INC., ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County, Illinois.
) No. 03 L 002292
LORD AND ESSEX, INC., ) Honorable
) Stuart A. Nudelman,
Defendant-Appellant. ) Judge Presiding.
JUSTICE JOSEPH GORDON delivered the opinion of the court:
Plaintiff-appellee Midwest Builder Distributing, Inc. (Midwest), a company providing
cabinets and appliances for homebuilders, brought suit against Lord & Essex, Inc. (Lord &
Essex), a homebuilder. Plaintiff sought payment for materials delivered at defendant’s request to
defendant’s construction sites, pursuant to a credit information sheet signed by defendant’s
representative prior to the execution of a series of subcontractor agreements between the parties.1
Defendant claimed that the credit information sheet was not a binding contract and that it had
fulfilled all its obligations under the subcontractor agreements, which controlled. The case
proceeded to a bench trial, and the trial court found in favor of plaintiff on its breach of contract
claim. For the following reasons, we affirm and remand for the court below to determine