Firwood Manufacturing Co. v. General Tire, Inc.
United States Court of Appeals for the Sixth Circuit
96 F.3d 163 (1996)
General Tire, Inc. (General Tire) (defendant) contracted to buy 55 post-cure inflators (PCIs) from Firwood Manufacturing Company (Firwood) (plaintiff). After purchasing 22 PCIs, General Tire closed its business. Thereafter, both Firwood and General Tire made efforts to find alternative buyers for the remaining 33 PCIs. Firwood was able to sell all 33 machines at a discounted price after a period of three years. During the time spent trying to find alternative buyers, Firwood used some of the fungible parts from the 33 machines to fill spare-part orders from other customers. Firwood ultimately brought suit against General Tire, seeking resale damages. The jury awarded Firwood $187,513 for the difference between the resale price and the contract price and $100,476 for interest. General Tire filed motions seeking judgment as a matter of law or a new trial. The district court denied the motions, and General Tire appealed.
Rule of Law
Holding and Reasoning (Kennedy, J.)
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