Northwestern National Bank v. Weaver-Maxwell, Inc.

It seems to me the majority opinion incorrectly decides all of the jury issues in this case.

The jury in this case was submitted special interrogatories with respect to various damage issues presented by way of counter-claim on the part of defendants. Plaintiffs foreclosure issues were reserved by the parties for decision through bench determination.

Assuming arguendo that the District Court erred in instructing the jury on the breach of contract action, then that special interrogatory *45to the jury should be set aside. However, such a finding does not infiltrate the tort case. Compensatory…