United States Tenth Circuit

In a contract and tort action involving parties' contract to purchase several uninterruptible power supply (UPS) systems for plaintiff's data center, and arising after certain batteries were sold to plaintiff which were not new, judgment pursuant to a jury verdict for plaintiff is vacated where: 1) the contract was ambiguous on whether it applied to the batteries; and 2) thus, defendant should have been allowed to present extrinsic evidence and argue to the jury that the contract does not cover the batteries.

Appellate Information

• Decided 07/30/2008
• Published 07/31/2008

Judges

• TYMKOVICH, Circuit Judge., Before HARTZ, McKAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Andrew M. Low (Dale R. Harris, Rudy E. Verner, and Elizabeth H. Titus with him on the briefs) Davis Graham & Stubbs LLP, Denver, CO for Appellants.


• For Appellees:
  
• Richard P. Barkley (James S. Hardy with him on the brief) Brownstein Hyatt Farber Schreck, P.C., Denver, CO for Appellee.