Jack Rardin (plaintiff) bought a printing press from Whitacre-Sunbelt, Inc. The purchase price included the cost of transport. The sales contract stated that Whitacre was responsible for any damages to the press resulting from the actions of Whitacre’s employees, agents, or contractors. Whitacre hired T & D Machine Handling, Inc. (defendant) to take apart the press and load it for transport. In carrying out this task, T & D negligently damaged the press. As a result of the damage and time for repair, Rardin could not put the press into use as early as he planned. Rardin settled any claims he had against Whitacre. Rardin also sued T & D for his lost profits. The district court dismissed the complaint for failure to state a claim. Rardin appealed.