Schroeder v. Partin

HORTON, Justice.

This case arises from a contract for services between Erik Partin (Partin) and Cody Sehroeder (Sehroeder) under which Partin assembled a specialty car engine for Sehroeder. A jury returned a verdict finding that Partin assembled the engine improperly and breached a performance agreement containing a valid liquidated damages clause. The district court granted Partin’s motion for judgment notwithstanding the verdict (JNOV), holding that no reasonable jury could find the liquidated damages clause to be valid. The court awarded all attorney fees incurred in the litigation to both…