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Contracts
Breach of Contract
Breach of Warranty

Wise Manufacturing Enterprise Inc. v. Bergandi Machinery Company

Published: Oct. 14, 2000 | Result Date: Aug. 29, 2000 | Filing Date: Jan. 1, 1900 |

Case number: BC213238 Verdict –  $736,000

Judge

Morris B. Jones

Court

L.A. Superior Central


Attorneys

Plaintiff

Jerry Kaplan


Defendant

Robert Farrace


Experts

Plaintiff

Robert Townsend
(technical)

Defendant

Jeff W. Cudahy
(technical)

Facts

The plaintiff engaged defendant corporation to manufacture hanger machines. The defendant manufactured and delivered the hanger machines. The plaintiff paid $225,000 out of total purchase price of approximately $400,000. The plaintiff refused to pay the balance and claimed the hanger machines were defective. The plaintiff sued for damages on an implied warranty theory and for breach of contract. The defendant claimed that the plaintiff's lack of experience in operating the machines was the cause of any problems. The defendant cross-complained for balance due on contract.

Damages

$1 million (lost profits); $225,000 (out-of-pocket)

Deliberation

one day

Poll

12-0 (liability), 11-1 (damages)

Length

five days


#93272

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