International Therapeutics, Inc. v. McGraw-Edison Co.

POLITZ, Circuit Judge:

In this Texas diversity action International Therapeutics, Inc. (Therapeutics) sought damages from McGraw-Edison Company (McGraw) for breach of contract. After submission on special interrogatories, the jury found that as of April 22, 1976, Therapeutics and McGraw had a course of dealing which McGraw terminated without reasonable notice, causing damages to Therapeutics of $60,000. The district court denied McGraw’s motion for judgment n.o.v. Concluding that the record contains inadequate evidence to support the jury’s finding of a course of dealing between the parties as…