Halmos v. Bombardier Aerospace Corp.
This appeal arises from disputes between PAH Co., a purchaser of a fractional interest in a Learjet, and Bombardier Aerospace Corporation (BAC), the jet's manufacturer and operator. The core issues revolve around PAH's breach of contract claims concerning disputed flight fees, alleged misrepresentations about jet performance, and BAC's subsequent declaration of default and suspension of PAH's flight privileges after rejecting a conditional payment. The trial court initially ruled against PAH on its contract claims and in favor of BAC. On appeal, the court reversed and remanded the judgment against PAH for breach of the management agreement due to an erroneous jury instruction regarding a 'conditional tender.' Additionally, the court reversed the directed verdict against PAH's breach of contract counterclaim, finding sufficient evidence to proceed. However, the appellate court affirmed the trial court's decision to strike the individual counterclaim of Peter A. Halmos, PAH's president, citing concerns of surprise and prejudice due to late filing.