United States Seventh Circuit

In breach of contract action under Indiana law, by instructing jury that plaintiff could not prevail without proving that it had performed its duties under contract, judge did not fail to instruct adequately on defense that promisee made it impossible for promisor to carry out its promise; evidence permitted jury to reject argument that plaintiff "authored its own loss," and judgment in favor of plaintiff affirmed.

Appellate Information

• Argued 02/22/2002
• Decided 04/16/2002
• Published 04/16/2002

Judges

• POSNER, Circuit Judge., Before POSNER, KANNE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• David C. Campbell,Bingham, Summers, Welsh & Spilman, Indianapolis, IN, Michael V. Casey (argued), Varga, Berger, Ledsky, Hayes & Casey, Chicago, IL, for Plaintiff-Appellee., Ronald J. Waicukauski (argued), Price, Potter, Jackson, Waicukauski & Mellowitz, Indianapolis, IN, for Defendant-Appellant.