Honeywell, Inc. v. Bel Air Corp.

SHORES, Justice.

This is an appeal by the defendant, Honeywell, Inc. (hereinafter “Honeywell”), from the denial of its motion for a judgment notwithstanding the verdict, or, alternatively, for a new trial.

The ease arose from the mechanical failure of an air conditioning unit owned by the plaintiff, Bel Air Corporation (hereinafter “Bel Air”). Under a service agreement with Bel Air, Honeywell maintained and serviced the unit, which is located atop the Sears, Roebuck & Company store at Bel Air Mall. The contract contained the following pertinent provisions:

“I. PLANNED PREVENTATIVE MAINTENANCE

“Pla…