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Consequently, despite section Additionally, IH never received the invoices containing the disclaimer. The trial court did not err in finding that the disclaimer did not apply to International Harvester. A cause of action for breach of warranty accrues on the date when breach occurs and must be asserted within four years. In a breach of warranty case, the breach occurs at the time of tender of delivery.
Lindsay Brothers Co. However, the trial court found Onan had concealed the irreparable nature of the engines through and that Hydra-Mac and IH did not discover the irreparable nature of the engines until The trial court refused to submit jury instruction on the issue of the statute of limitations because the court found Onan had waived the defense. A defendant waives the statute of limitations by failing to plead the defense or by pleading the defense and then presenting an inconsistent theory at trial.
Christenson v. Argonaut Insurance Co. March 27, citing Rehberger v. Project Plumbing Co. Paul v. Bielenberg, Minn. A defendant also waives the statute of limitations by concealing its position until the close of the evidence.
McMahon v. The court based its decision on equitable considerations and its belief that defendant did not present evidence on the issue as a matter of strategy. After filing its answer, Onan did not raise the issue of the statute of limitations again until its directed verdict motion at the close of all the evidence. It did not include the defense in its pretrial statement of the issues and failed to submit written jury instructions on the issue.
The trial court found that Onan did not present evidence on the limitations question as a matter of strategy because if Onan had presented evidence on the issue, evidence regarding fraudulent concealment would have been necessary to determine when the statute began to run. Onan made a strategic choice not to present evidence on the statute of limitations. We agree with the trial court that in so doing, Onan waived its right to assert the statute of limitations defense. Even if Onan did not waive the statute of limitations defense, Onan was estopped from asserting it.
To invoke the doctrine of equitable estoppel, plaintiff must show defendant made representations or inducements upon which plaintiff reasonably relied, and plaintiff will be harmed if the court does not apply the doctrine. Northern Petrochemical Co. United States Fire Insurance Co. Twin City Construction Co. February 5, Continuous promises to repair that discontinue only after the limitations period has run equitably estop the defendant from asserting the statute of limitations.
Bethesda Lutheran, N. The facts in this case are more compelling than those of Bethesda Lutheran. The trial court found that Onan continually promised to repair the engines at least through mid Unlike the defendant in Bethesda Lutheran, Onan made those promises with the knowledge they were false. That Hydra-Mac and IH did not file suit until does not prevent application of the theory of estoppel.
Envirotech Corp. The trial court did not err in finding Onan was estopped from asserting the statute of limitations. Promises of future action are enough to toll the statute of limitations. Sohns v. Pederson, N. We find the cases cited by Onan to be unpersuasive. Therefore, we apply the rule applied by this court in Sohns.
Fraudulent concealment tolls the statute of limitations until discovery or until reasonable opportunity for discovery. Holstad v. Southwestern Porcelain, Inc. Fraudulent concealment occurs when a defendant knows its representations are false or if it makes representations with reckless disregard for the truth.
After Hydra-Mac and IH reported the engine failures, Onan continued its elaborate "fix" program despite internal documents stating the engine could never be fixed. There was no reason to suspect Onan of fraud. A cause of action for fraud must be asserted within six years after discovery of the fraud. Discovery occurs when, with reasonable diligence, the plaintiff could and ought to have discovered the fraud.
Charles T. Miller Hosp. Monarch Life Insurance Co. Hydra-Mac did not discover the fraud before Onan still promised "fixes" in July of , six years before the complaint was filed in this case. The trial court found that Onan withheld the true extent of the problems until Before , Hydra-Mac had no reason to suspect fraud. Onan argues that Hydra-Mac should have suspected fraud and thus had a duty to investigate.
Buder v. A mere lack of discovery does not extend the limitations period if there was negligence or a lack of reasonable diligence on the part of the aggrieved party. Blegen, N. Onan claims that a defrauded party cannot blindly rely on reassuring statements by the defrauding party as satisfying the duty to investigate. Onan presented no evidence that Hydra-Mac should have suspected Onan of fraud before By mid, Onan had proposed only a few fixes and, with the amount of time it required to implement the fixes and see the results, Hydra-Mac was under no duty to investigate a fraud it had no reason to suspect.
In its post-trial motions, Onan moved for a judgment notwithstanding the verdict or a new trial. In reviewing a motion for JNOV, this court must decide whether there is any competent evidence reasonably tending to support the verdict. Blue Water Corp.
Blenda-Life, Inc. LaValle v. Aqualand Pool Co. To recover lost profits, a plaintiff must prove the cause and amount of its loss with reasonable certainty. Polaris Industries v. Plastics, Inc. Wolstan, N. Once a plaintiff raises a reasonable inference as to the amount of damages caused by the defendant, the defendant is liable for that amount unless he or she presents evidence to rebut the inference and to establish that other factors caused the loss.
LeSueur Creamery, Inc. Haskon, Inc. During that period, the agricultural machinery market encountered reduced capital expenditures due to the agricultural recession. Also, the data relied on by Boll was compiled under a mandatory reporting system, not under a voluntary reporting system as in Polaris. Onan chose not to present any evidence in rebuttal. At trial, IH presented evidence that in it had a 4. He admitted that the data represented only information reported voluntarily by people who chose to be members of the Institute.
Again, Onan did not present any evidence in rebuttal. There is no requirement that a plaintiff prove the amount of loss to mathematical precision. Duchene, N. There is no basis for reversal. The question of passion is for the trial court. Hennen v. Huff, N. Onan knew the financial havoc it could inflict upon Hydra-Mac if it did not solve the engine problems quickly.
Instead, Onan, despite its knowledge of the irreparable nature of the NHCV engine, continued to attempt temporary fixes, representing that the problems were solvable. It forbade its employees from telling Hydra-Mac that the problems were permanent. Onan concealed the results of its study, NH Engine. A court will reduce an award of punitive damages if it is unreasonable under the circumstances of the case.
Gryc v. Dayton-Hudson Corp. See Hodder v. The trial court correctly concluded the disclaimer did not apply to Hydra-Mac or International Harvester. Onan Corp. Receive free daily summaries of new opinions from the Minnesota Supreme Court. Hydra-Mac, Inc. Annotate this Case.
Court of Appeals of Minnesota. November 1, Review Granted January 13, Evidence of lost profits Hydra-Mac and IH each presented expert testimony on the amount of their lost profits. Did the trial court err in determining the warranty disclaimer did not apply to respondents? Warranty disclaimer The language of a contract should be interpreted in the context of the entire agreement.
Hydra-Mac Onan asserts that the trial court erred in finding that the disclaimer did not apply to Hydra-Mac. International Harvester Onan argues that the disclaimer on the invoices sent to Hydra-Mac applies to International Harvester as a third party beneficiary. A seller may not exclude or limit the operation of this section. If you believe your item has been removed by mistake, please contact Steam Support.
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