Cluse v. H & E Equipment Services, Inc.

| T Before the majority had reached the end of the first paragraph of its analysis, it had already determined that the jury had erred, and consequently, it completely disregarded all of the jury’s hard work and conclusions. However, the lawfully empaneled and properly charged jury actually had the authority and the facts to find as it did. I, therefore, respectfully dissent.

The jury found, as a matter of fact, that there had been no sale of the tractor at issue. This circuit has long recognized that a factfinder’s determination that no sale took place is a finding of fact. Travis v. Hudnall,…