H.B. Fuller Company, a Minnesota Corporation v. Kinetic Systems, Inc., a Wisconsin Corporation

FLAUM, Circuit Judge.

H.B. Fuller (“Fuller”), a manufacturer of building products, purchased a piece of materials handling equipment known as a bag palletizer from Kinetic Systems (“Kinetic”). The palletizer failed to perform to Fuller’s satisfaction, and Fuller sued Kinetic, seeking rescission of the sale contract and damages for breach of express and implied warranties. Kinetic counterclaimed for the unpaid balance of the sale price. The district court, sitting without a jury, directed a verdict for Kinetic on Fuller’s rescission count at the close of Fuller’s case. After the conclusion of…