The complainants did not have fixed hours unless they had access to the defendant`s deposit to purchase and recover products. (Def. Schrufer Dep. 243:3-19, Ex. 21.) However, the applicants` clients have made requirements, such as the . B the days and times on which they could sell/supply products or perform merchandising. (Schrufer Dep. 241:18-242:23; ECF 92, dismissal of William Sullivan («Sullivan Dep.») Dep Sullivan. 79:10-80:9; 81:9-14; Croce Dep. 51:14-17; 110: 11-16.) Applicants could terminate their contracts at any time subject to certain provisions relating to the sale of their rights. Bimbo could only terminate the applicants` contract in certain circumstances.
(contract to sell Franze No. 2, 8; Schrufer Distribution Contract 2, 8.) The parties do not agree on how we should analyze this issue. JTE argues that, although the limitation period has been procedurally set, the question of whether the distribution agreement is a contract for the sale of goods is certainly a substantive issue of the interpretation of the contract, which must be settled by New York law. In other words, according to the JTE, we need to look at New York law to determine whether the contract is a «sales contract» within the meaning of Illinois law. The JTE theory is misguided. In fact, the Supreme Court case on which JTE is based does not help any more. According to JTE, the Supreme Court of the United States Bank of Donnally, 33 U.S. 361, 8 Pet. 361, 8 L.Ed. 974 (1834), reviewed the Kentucky law to determine the nature of the agreement before it for determining the statute of limitations applicable in Virginia. But the court did exactly the opposite: JTE and Bimbo Foods had a written agreement, but it was apparently not very expensive. It had no duration, but allowed any party to resign in the event of or not curable an un cured wound.
The Tribunal finds that the applicants` delivery services were an integral part of Bimbo`s distribution chain. However, unlike Uber`s business model, for example, Uber`s business model was not solely dependent on the supply of baked goods to other retailers. On the contrary, Bimbo`s main business model was based on the manufacture of baked goods and the sale to end consumers.