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ANALYSIS :
Made by : JAOUHARI Doha.
Introduction :
Facts :
In Bruening Rock Products, Inc. v. Hawkeye International Trucks, No. 14-1215 (July 22, 2015), the plaintiff sought
breach of contract damages from a truck company. The claim was simple. The plaintiff, which was a rock
quarry operator, ordered four trucks from the defendant. The plaintiff required that the trucks have a gross
vehicle weight rating of 74,000 pounds. This meant that each truck would have the capacity to haul 74,000
pounds, including the weight of the truck. The plaintiff needed the trucks to haul rock from its underground
mines.
At trial, the plaintiff testified that the trucks had failed to perform at this level. The wheel rims had cracked and
the rims malfunctioned. The jury found that the defendant had breached its contract with the plaintiff and
issued a verdict in the plaintiff’s favor in the amount of $1,167,904.85.
The trial court, however, granted the defendant’s motion for a directed verdict, finding that the plaintiff had
failed to generate substantial evidence of a breach of a written contract term by the defendant. The
plaintiff’s actual claim, the trial court found, may have been one for breach of implied warranty. The trial
court stated, however, that the statute of limitations would have already run on that claim.
ALPINE SKI HOUSE
PROJECT 5
BRUENING ROCK PRODUCTS V. HAWKEYE INTERNATIONAL TRUCKS
The terms of the contract, including a term that the defendant would provide trucks with a gross vehicle weight rating of
74,000 pounds.
The plaintiff had done what the contract requires.
The defendant had breached the contract by failing to provide trucks which met the terms of the contract.
The court pointed out in a footnote that the defendant had not specifically pleaded its defense that this was
really a claim of implied warranty barred by the five-year statute of limitations. The court noted that such a
pleading requirement is “civil procedure 101” and that without such a pleading, the court could not
entertain the question.
Nonetheless, the result appears correct based upon the facts provided in the opinion. The defendant’s
written proposal, which was accepted by the plaintiff, contained the material term alleged to have been
breached. The jury found that such a breach did occur. “Contracts 101” would thus suggest that the plaintiff
properly prevailed.