WESTERN INDUSTRIES, INC. v. NEWCOR CANADA LTD.

Nos. 83-2163, 83-2197.

739 F.2d 1198 (1984)

WESTERN INDUSTRIES, INC., Plaintiff-Appellee, Cross-Appellant, v. NEWCOR CANADA LIMITED, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 11, 1984.

As Corrected July 13, 1984.


Attorney(s) appearing for the Case

John S. Skilton, Foley & Lardner, Milwaukee, Wis., for plaintiff-appellee/cross-appellant.

Keith F. Bode, Jenner & Block, Chicago, Ill., for defendant-appellant/cross-appellee.

Before PELL, CUDAHY and POSNER, Circuit Judges.


POSNER, Circuit Judge.

Western Industries purchased several custom-built welding machines from Newcor Canada for use in manufacturing microwave oven cavities. The machines did not work right and Western brought this breach of contract action against Newcor, basing federal jurisdiction on diversity of citizenship. Newcor counterclaimed for the unpaid portion of the purchase price of the machines. The jury awarded Western damages of $1.3 million dollars and Newcor about...

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