Borla Performance Industries, Inc. v. Universal Tool and Engineering, Inc.

Borla Performance Industries, Inc. (Borla) entered into two contracts with Universal Tool and Engineering, Inc. (UTE), by the terms of which UTE was to repair and refurbish six of Borla's pipe bending machines, which machines are used in Borla's business of designing and manufacturing automobile exhaust systems. Borla later sued UTE for breach of contract, negligent misrepresentation, and violation of the Tennessee Consumer Protection Act (TCPA). Borla alleged that as a result of UTE's failure to timely repair and deliver the machines, which are also known as “benders,” Borla incurred lost profits in the amount of $486,166. After a four-day bench trial, the court dismissed Borla's negligent misrepresentation and TCPA claims; the court did grant Borla a judgment for $11,839.98 on its breach of contract claim. The trial court held that Borla failed to prove that it incurred lost profits as a result of a breach of contract by UTE. Borla appeals the trial court's judgment denying its claims for lost profits. Borla also appeals the court's judgment dismissing the TCPA claim. UTE appeals the judgment against it for breach of contract. We affirm.