Empire Bucket, Inc. v. Contractors Cargo Company

MANION, Circuit Judge.

Contractors Cargo Company engaged Empire Bucket, Inc., to fabricate a steel railcar deck. After the deck fractured, Contractors Cargo refused to pay the full purchase price and Empire Bucket sued for breach of the contract. Contractors Cargo countersued for breaches of the contract, the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose. Prior to trial, the district court granted Empire Bucket’s motion in limine to exclude any testimony concerning one of the tests performed on the deck after it failed. The jury returned a…