SelectSun GmbH v. Porter, Inc.

Federal 7th Circuit Court
Civil Court
Damages
Citation
Case Number: 
No. 18-3149
Decision Date: 
June 25, 2019
Federal District: 
N.D. Ind., Ft. Wayne Div.
Holding: 
Affirmed

Dist. Ct. did not err in entering judgment in favor of defendant-manufacturer after conducting bench trial on plaintiff-purchaser’s claim that defendant breached its sales contract and breached express and implied warranties, where plaintiff asserted that yacht built by defendant had certain mechanical problems and had exhaust system that failed to meet specifications for European Union certification as required by instant contract. Dist. Ct. could properly conclude that plaintiff failed to prove damages to reasonable certainty on either its breach of contract or breach of warranties claims, where plaintiff sought return of $1 million purchase price plus financing costs, rather than cost of specific damage to yacht or current value of yacht. Also, plaintiff failed to rebut defendant’s evidence that yacht could be made European Union compliant for only $2,000.