Zagami, Inc. v. James A. Crone, Inc.

Defendant James A. Crone, Inc. (Crone), appeals a judgment in favor of plaintiff Zagami, Inc. (Zagami), entered on a special verdict. The jury found Crone breached a contract with Zagami for the rental and delivery of a “skiploader” tractor Zagami supplied to Crone for use at a jobsite Crone managed. The jury awarded Zagami damages of $15,500 on its breach of contract claims and on its common count for open book account. However, for purposes of Zagami’s common count for goods and services rendered, the jury valued the skiploader, which disappeared from the jobsite, at $30,000. In subsequent briefing the trial court requested, Crone sought to have the lesser award entered as the amount of the judgment based on what it described as an “unambiguous” jury verdict. Zagami argued the proper amount of the judgment should be a minimum of $30,000. The court agreed mostly with Zagami, and entered judgment against Crone for $30,000.

The court subsequently determined Zagami was the prevailing party under the parties’ written rental agreement, and awarded attorney fees, costs and prejudgment interest. The court entered an amended judgment for Zagami, which Crone separately…