Delchi Carrier SpA v. Rotorex Corp.
|Delchi Carrier SpA v. Rotorex Corp.|
|Court||U.S. Court of Appeals, 2nd Circuit|
|Citation||71 F.3d 1024 (2d Cir. 1995)|
|Date decided||December 6, 1995|
|Appealed from||U.S.D.C., Northern District of New York|
|majority||written by Ralph K. Winter, Jr.|
joined by Jacobs, Leval
Facts: Delchi ordered 10,800 compressors from Rotorex to be used in air conditioners. Rotorex sent sample compressors to Delchi that fit certain specifications. When the ordered compressors arrived, Delchi learned that 93% of the compressors did not fit the required specifications. Delchi had to order compressors from another company and expedite shipping.
Procedural History: trial court awarded damages of $1,785,772.44 to Delchi. Defendant appealed.
Issue: Was damage duly calculated for this case?
Holding: No, the trial court denied incidental and consequential costs that were incurred as a result of the breach of contract.
Reasons: Damages should be awarded so that Plaintiff is in the same situation that it would be had the defendant fulfilled its contract.
Judgment: Affirmed in part, reversed in part.