Flight Systems Inc. v. Elgood-Mayo Corp‪.‬

Opinion by JUDGE VAN CISE Defendant, Elgood-Mayo Corp., appeals a judgment for breach of contract entered in favor of plaintiff, Flight Systems, Inc. after a trial to the court. Flight Systems cross-appeals the amount of damages awarded. We affirm except for the amount of damages. Elgood-Mayo contracted with Perini Corporation, a mining company in Basalt, Colorado, to provide Perini with three twelve-ton battery operated locomotives. Elgood-Mayo does not itself build such locomotives; it acts as a retailer, supplying them from a manufacturer, Balco Corp. Balco locomotives were delivered to Perini, but they failed to perform. Balco was unsuccessful at remedying the problems. Perini then sought assistance from Elgood-Mayo; it, in turn, contacted Flight Systems to see if it could provide a solution.