United States Seventh Circuit

In plaintiff's suit for breach of contract of a financing agreement involved 24 go-karts, district court's judgment is affirmed where: 1) because defendant had relied solely on the excluded hearsay evidence to prove that plaintiff had materially breached the contract, the district court did not err in granting plaintiff's motion for summary judgment; 2) the district court did not err in granting plaintiff's motion for summary judgment on defendant's breach of warranty claims as defendant raised no rational argument either before the district court or on appeal that a finance company warrants the goods that it finances; 3) defendant cannot demonstrate that district court's exclusion of an email affected its substantial rights because the email is not relevant to defendant's affirmative defense; 4) defendant's arguments concerning jury instructions and the special verdict form are without merit; and 5) the district court did not err in refusing to grant defendant's motion for a new trial.

Appellate Information

• Argued 04/16/2010
• Decided 01/05/2011
• Published 01/05/2011

Judges

• HIBBLER

Court

• United States Seventh Circuit

Counsel