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MMG Fin. Corp. v. Midwest Amusements Park, LLC, 08-4060

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By FindLaw Staff on January 05, 2011 3:19 PM

Action for breach of financing agreement

MMG 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.

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