Monday, July 30, 2012
Ind. Decisions - 7th Circuit decides one Indiana case today
In Winforge v. Coachman Industries (SD Ind., Barker), a 46-page opinion, Central District of Illinois Judge Myerscough, sitting by designation, writes:
Winforge, Inc. (“Winforge”), and its president, Byron McMahon (“McMahon”), brought this diversity suit against Mod-U-Kraf Homes, LLC (“Mod-U-Kraf”), All-American Homes, LLC (“All American”), and Coachmen Industries, Inc. (“Coachmen”), alleging that the defendants breached the terms of a hotel development agreement between the parties. Winforge and McMahon claimed that the defendants’ alleged breach resulted in delay and costs that caused the plaintiffs to default on the separate construction loan agreement between the parties. The defendants filed a cross-complaint alleging that Winforge and McMahon, and not the defendants, breached the development agreement.
After a bench trial, the district court ruled in favor of the defendants and found that the parties had never entered into a final, enforceable contract. Additionally, the district court found that, if a final contract had been formed, the defendants had not breached the contract. The district court entered final judgment in favor of the defendants, entitling them to the funds still due and owing on the construction loan as well as any and all associated costs and fees. Winforge and McMahon appealed. For the following reasons, we affirm.
Posted by Marcia Oddi on July 30, 2012 03:10 PM
Posted to Ind. (7th Cir.) Decisions