Reynolds Metals Company v. Westinghouse Electric Corporation

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Westinghouse Electric Corporation challenges a judgment for damages entered following a jury’s determination that Westinghouse breached a contract with Reynolds Metals Company. Westinghouse argues that Reynolds’ contract claim was barred by disclaimers of warranty, that in any event there was no breach, and that Reynolds failed to give the required notice before suing on its claim. We reject these arguments but conclude that Westinghouse’s challenge to the damage award itself is well-founded because the amounts awarded included consequential damages not…