Upper Mississippi Towing Corp. v. Calmes

HUTCHESON, Circuit Judge.

Alleging for a first cause of action that defendants had sold it a Diesel engine and equipment for installation in plaintiff’s new tow boat Minnesota Husky, which had failed to perform as agreed, and for a second cause of action that defendants had undertaken, but had failed, to remedy the conditions which their breach of contract had caused, causing plaintiff additional damages, plaintiff sued for large sums as consequential damages.1 As finally admitted, supplemented and amplified, the complaint alleged that, while the parties had gone into writing2 in connection…