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Hussey Range Div. of Copper Range Co. v. Lectromelt Furnace Div., McGraw Edison Co.

417 F. Supp. 964 (1976)

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Hussey Range Div. of Copper Range Co. v. Lectromelt Furnace Div., McGraw Edison Co.

United States District Court for the Western District of Pennsylvania
417 F. Supp. 964 (1976)

Facts

Hussey Range Division of Copper Range Co. (Hussey) (plaintiff) purchased a furnace from Lectromelt Furnace Division, McGraw Edison Co. (Lectromelt) (defendant). The contract price for the furnace was $387,000, including $15,000 for engineering services. The contract provided that consequential damages were not permitted in the event of a breach. The furnace had problems from the beginning, and the furnace had to be shut down repeatedly. Hussey’s operating procedures and maintenance programs contributed to some of the shutdowns, and other shutdowns were caused by reasons unrelated to the furnace, such as strikes and a flood. Hussey filed suit against Lectromelt for breach of contract based on the furnace’s mechanical problems. Lectromelt filed a counterclaim against Hussey for poor operating procedures and maintenance programs. The trial took six weeks and involved extensive testimony and evidence on the various shutdowns and breakdowns, repairs, and modifications of the furnace. Following the trial, a jury awarded Hussey $316,000 and awarded $45,000 to Lectromelt on its counterclaim. The court also awarded interest as provided by law. Hussey filed a motion seeking prejudgment interest.

Rule of Law

Issue

Holding and Reasoning (Knox, J.)

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