Wesco Distribution, Inc. v. M.A. Mortenson Co.

— A trial judge in a nonjury case rendered an oral decision at the end of trial but died before entry of formal findings and conclusions. Could a successor judge enter judgment based on a transcript of the deceased judge’s oral decision? We hold that under the circumstances of this case, the successor judge erred by entering judgment. Accordingly, we vacate the judgment and remand for a new trial.

This is a contest over the right to payment for electrical materials that Westinghouse Electric Supply Co. (WESCO) supplied to a public works construction project. M.A. Mortenson was the general…