MMG Fin. Corp. v. Midwest Amusements Park, LLC, 08-4060
Action for breach of financing agreementMMG Fin. Corp. v. Midwest Amusements Park, LLC, 08-4060
, concerned a plaintiff's suit for breach of contract of a financing agreement involving 24 go-karts and defendant's counterclaim, among other things, for breach of contract and breach of warranty.
In affirming the district court's judgment, the court held that, 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. The
court also held that 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. Further, 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.
Lastly, the court held that defendant's arguments concerning jury
instructions and the special verdict form are without merit, and that
the district court did not err in refusing to grant defendant's motion
for a new trial.Related Link:
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