Atwell v. Beckwith MacHinery Co.

TAMILIA, J.r

¶ 1 Beckwith Machinery Company appeals from the January 29, 2004 judgment of $175,000 entered on the jury’s verdict in favor of Neil Atwell t/d/b/a/ Ben-Hal Mining Company and Janine Atwell (Atwell). Atwell filed a cross-appeal from the January 30,' 2004 counterclaim judgment of $32,484.94 entered on the jury’s verdict in Beckwith’s favor. 1

¶ 2 The underlying cause of action arose out of Atwell’s purchase of a D-11N Caterpillar Tractor from. Beckwith. Atwell maintains that it contracted to purchase for approximately $775,000, a “Caterpillar Certified Rebuild” tractor from…