Intercall Inc. v. Engenera, Inc.
Annotate this CaseThis dispute arose from a contractual relationship between Appellant, a provider of audio, Web, and video conferencing services, and Appellee, a corporation engaged in the sale of business software. After Appellee failed to pay for certain services Appellant provided pursuant to a contract, Appellant sued Appellee, asserting breach of contract. Appellee asserted affirmative defenses and a counterclaim to recover what it claimed to be overpayments. The district court granted Appellant's motion with respect to its claim for unpaid invoices but ruled in favor of Appellee on its counterclaim that it was fraudulently induced by Appellant to enter into the original service agreement. The Supreme Court affirmed, holding that the district court did not err in (1) not finding as a matter of law that Appellee failed to prove that Appellant misrepresented a fact that Appellee relied upon; (2) allowing Appellee to amend its counterclaim to allege material misrepresentation; (3) instructing the jury; and (4) overruling Appellant's motion for new trial or motion to alter or amend the judgment.
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