Indiana Glass Co. v. Indiana Michigan Power Co.
Indiana Court of Appeals
692 N.E.2d 886 (1998)
- Written by Rich Walter, JD
Facts
Indiana Michigan Power Company (I&M) (defendant) supplied electricity to Indiana Glass Company (plaintiff). Indiana Glass sued I&M for breach of warranty after fluctuations in I&M’s voltage disrupted Indiana Glass’s production operations. The trial court granted partial summary judgment for Indiana Glass as to I&M’s breach. However, on the issue of attorney’s fees, the trial court entered partial summary judgment for I&M. The service agreement between Indiana Glass and I&M did not address attorney’s fees, and the court rejected Indiana Glass’s argument that § 2-715 of Indiana’s Uniform Commercial Code (UCC) allowed Indiana Glass to include attorney’s fees in its incidental and consequential damages. Indiana Glass appealed to the Indiana Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Garrard, J.)
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