A federal judge in Missouri rejected a packaging company’s attempts to revive an action on account claim against a cleaning products supplier, finding the plaintiff failed to show why it could maintain the claim under state law.
Last week, U.S. District Judge Matthew T. Schelp of the Eastern District of Missouri denied plaintiff Stephen Gould Corp.’s motion for reconsideration, which urged the court to vacate a March order granting the defendant Buckeye International’s motion for judgment on the pleadings, which was unopposed by Stephen Gould. After siding with the defendant, Stephen Gould asked the court to reconsider its opposition that was never filed due to a clerical error. The plaintiff brought a claim for action on account and breach of contract, arguing that there was an express contract between the standard purchase order terms and conditions, and that Buckeye owed over $1 million for canceled purchase orders for pumps and trigger sprayers.