Aurora Aviation, Inc. v. AAR Western Skyways, Inc.

Plaintiff brought this action for, inter alia, breach of contract in connection with the sale of an airplane. The trial court awarded plaintiff $5,000 for profits lost from a planned resale of the plane. Defendant appeals, maintaining that the trial court erred in failing to grant a motion to dismiss or a motion for directed verdict for plaintiffs failure to plead and prove performance of certain conditions of the contract and, in the alternative, that the contract between the parties limited plaintiffs remedies so that plaintiff is not entitled to an award for lost profits. We reverse.

Plainti…