Mar-Kay Plastics, Inc. v. Alco Standard Corp.

BERREY, Presiding Judge.

This appeal arises out of a breach of contract action brought by the plaintiff/respondent Mar-Kay Plastics, Inc., (Mar-Kay) against Aleo Standard Corporation (Aleo), the defendant and appellant in this action. Following a jury trial, a verdict was returned for Mar-Kay in the sum of $322,994.

Aleo alleges numerous trial court errors. Aleo first contends the trial court erred in admitting evidence of what it considered to be pre-breach production capacity. It contends this pre-breach production capacity is not relevant to Mar-Kay’s claimed status as a lost volume seller.…