Narrative Opinion Summary
The Final Judgment in favor of X-Ray Equipment Co. Inc. is upheld except for the monetary award calculation. The court mandates the trial court to revise the judgment by deducting $19,500 in lost profits related to a CT scan machine not included in the contract. Additionally, the costs for two fluoro rooms should be adjusted from $12,000 to $24,000. The trial court is instructed to recalculate the monetary award accordingly. The decision is affirmed in part, reversed in part, and remanded for these adjustments, with Judges Stone and Gross concurring.
Legal Issues Addressed
Contractual Exclusions in Profit Calculationssubscribe to see similar legal issues
Application: Lost profits cannot be awarded for items not included in the contract, necessitating a deduction from the original award.
Reasoning: The court mandates the trial court to revise the judgment by deducting $19,500 in lost profits related to a CT scan machine not included in the contract.
Modification of Cost Assessmentssubscribe to see similar legal issues
Application: The costs associated with specific contract items must be accurately calculated to reflect true expenses, leading to an adjustment in the award.
Reasoning: Additionally, the costs for two fluoro rooms should be adjusted from $12,000 to $24,000.
Monetary Award Calculationsubscribe to see similar legal issues
Application: The court identifies errors in the calculation of the monetary award, specifically regarding excluded items and miscalculated costs, requiring adjustments to the final judgment.
Reasoning: The court mandates the trial court to revise the judgment by deducting $19,500 in lost profits related to a CT scan machine not included in the contract.
Partial Affirmation and Reversalsubscribe to see similar legal issues
Application: The appellate court agrees with part of the lower court's decision but requires corrections in specific areas, leading to a mixed outcome of affirmation and reversal.
Reasoning: The decision is affirmed in part, reversed in part, and remanded for these adjustments, with Judges Stone and Gross concurring.