DRESSER INDUSTRIES, INC., WAUKESHA ENGINE DIVISION, Plaintiff-Appellee, v. THE GRADALL COMPANY, Defendant-Appellant., 965 F.2d 1442

Summary

Plaintiff sued defendant for breach of both oral and written contracts. Defendant gave up on plans to repair plaintiff's engines and replaced them with another company's engines. On appeal, defendant contended that the district court erred in denying its motion for summary judgment. Defendant challenged the district court's denial of its motion for a new trial or remittitur, its interpretation of Wisconsin's version of the Uniform Commercial Code, Wis. Stat. § 402.101 et seq. and its jury instructions. The court affirmed the district court's judgment. The court concluded that the evidence of lost profits, alone, gave the jury a rational basis for awarding $ 582,000. Because the court ruled that the damages were rationally connected to the evidence, it held that there was no passion and prejudice. Thus, defendant was not entitled to a new trial. The court concluded that the district court properly allowed the jury to consider the parties' course of performance, course of dealing, and ...