Federal 7th Circuit Court
Civil Court
Contract
Record contained sufficient evidence to support jury’s $2.23 million net verdict in favor of plaintiff in breach of contract action alleging that defendant failed to make payments on rental agreement calling for defendant’s use of industrial cutter, even though defendant argued that plaintiff was wrong party to bring instant lawsuit since instant cutter was built and delivered by plaintiff’s parent corporation. Plaintiff was appropriate party to bring instant lawsuit since rental agreement was between plaintiff and defendant. Fact that plaintiff served as middleman between its parent and defendant was irrelevant. Ct. also rejected defendant’s contention that plaintiff failed to provide “new” cutter as promised in rental agreement, where: (1) both parties were aware at time of agreement's signing that subject cutter had been used previously; and (2) jury could properly have found that prior 7-hour use of cutter’s software did not age cutter for purposes of instant use by defendant. Dist. Ct. erred, though, in denying plaintiff’s request for pre-judgment interest even though defendant had asserted colorable defenses to instant lawsuit.