Angelica Uniform Group,v.Ponderosa Systems

United States Court of Appeals, Eighth CircuitDec 22, 1980
636 F.2d 232 (8th Cir. 1980)

No. 80-1280.

Submitted December 10, 1980.

Decided December 22, 1980.

Jim J. Shoemake, G. Lane Roberts, Jr., Guilfoil, Symington, Petzall Shoemake, St. Louis, Mo., for Angelica Uniform Group, Inc.

Frank Hamsher, Husch, Eppenberger, Donohue, Elson Cornfeld, St. Louis, Mo., Roger Makley, Coolidge, Wall, Matusoff, Womsley Lombard, Dayton, Ohio, for Ponderosa Systems, Inc.

Appeal from the United States District Court for the Eastern District of Missouri.

Before LAY, Chief Judge, and ROSS and McMILLIAN, Circuit Judges.

Angelica Uniform Group, Inc. (Angelica) appeals the district court's denial of their motion for new trial, 487 F. Supp. 1374.

Angelica brought suit against Ponderosa Systems, Inc. (Ponderosa) for an alleged breach of a requirements contract for the purchase of uniforms. On January 18, 1980, the jury returned a verdict in favor of the defendant.

Thereafter, Angelica moved for a new trial alleging, inter alia, that the district court erred in instructing the jury that it must find for Ponderosa unless Angelica had shown that Ponderosa reduced its requirements in bad faith. The district court denied the motion. The district court found that section 2-306(1) of the Uniform Commercial Code (Mo.Rev.Stat. § 400.2-306) has been interpreted as allowing a buyer under a requirements contract to order reductions which are highly disproportionate to a stated estimate, if such reductions are done in good faith.

We have carefully studied the record, including the district court's opinion and the briefs of the parties to this action. We find no merit to appellant's arguments, and accordingly affirm on the basis of Judge HUNGATE'S opinion pursuant to Rule 14 of the Rules of this court.