140 F.4th 861
7th Cir.2025Background
- In 1997, Bill and Barbara Price contracted with Carri Scharf Trucking, Inc. (CST) to mine sand, gravel, and topsoil from their Illinois property in exchange for royalty payments.
- The contract required CST to reclaim the property (remove equipment, restore shoreline, distribute remaining materials) but did not specify a firm deadline for reclamation.
- Mining tapered off in the mid-2000s; the contract was extended and ultimately expired at the end of 2010.
- After discovering in 2013 that reclamation had not occurred, the Prices repeatedly demanded action, and disputes arose over alleged trespass and reclamation steps.
- The Prices sued CST for breach of contract; CST counterclaimed for breach based on the Prices' alleged interference. Only the contract claim went to the jury, which found for CST.
- The Prices appealed the denial of their motion for judgment as a matter of law; CST cross-appealed a denial of attorney’s fees under a contractual fee-shifting provision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timing of Reclamation Obligation | Contract required reclamation at contract termination | No firm deadline; ongoing duty | No firm deadline; jury issue under contract's language |
| Effect of Plaintiff's Instructions Parameter | Instructions did not alter firm reclamation date | Price's directions could control | Reasonableness of instructions was for jury to decide |
| Sufficiency of Evidence for Jury Verdict | Undisputed breach by CST for missing deadline | Dispute of fact; performance issues | Sufficient evidence supported verdict for CST |
| Attorney’s Fees under Fee-Shifting Provision | (N/A; CST's cross-appeal) | Fees owed as prevailing party | Only party enforcing contract gets fees; CST defended only |
Key Cases Cited
- Beach Forwarders, Inc. v. Serv. By Air, Inc., 76 F.4th 610 (7th Cir. 2023) (standard for de novo review of contract interpretation)
- Village of Kirkland v. Kirkland Props. Holdings Co., LLC I, 2023 IL 128612 (Ill. 2023) (contract intent and interpretation in Illinois)
- Air Safety, Inc. v. Teachers Realty Corp., 185 Ill. 2d 457 (Ill. 1999) (four corners rule for contract ambiguity)
- Powers v. Rockford Stop-N-Go, Inc., 326 Ill. App. 3d 511 (Ill. App. Ct. 2001) (fee-shifting provision applies only when party enforces contract)