McClary v. Massey Ferguson, Inc.

Bell, Judge;. Guy McClary commenced this action against Massey Ferguson, Inc. and Kingstree Tractor Co. for negligence, breach of warranty, and breach of contract. The jury returned a verdict against Massey Ferguson for $113,000. The circuit judge reduced the award to $91,642.02 because he found McClary failed to mitigate his damages. Massey Ferguson appeals the finding of liability and the amount of damages. McClary appeals the judge’s reduction of damages. We af firm the jury’s verdict, but reverse the judge’s reduction.

In November 1981, Kingstree Tractor sold Guy McClary a new combine…