damages and it's dark and chance that the jury should not have been permitted to award and i just based on the purchase price of this house press the simple reason being there was absolutely no evidence from which the with your argument on your main appeal is simply this it seems like the question of the timing of when it was worth you know worthless it wasn't up to to make a decision on the jury instructions what was the value of that one received there's no challenge to the jury instructions on that point right correct the jury was instructed that for damages they have to take a difference between what value on this complicated piece of machinery than simply testimony that it didn't work well i did and i'm somewhat embarrassed to say it but i'm willing to take help from the court the court and directed entry of judgment four of the the cellar on earth that reversed the verdict and it was a the action was by the seller for the purchase price the buyer said that the products were defective and because there was no evidence at all of the value of the defective material the machine at any time need even near its time of delivery the only evidence against four and a half years later for a two hundred fifty thousand dollar investment machine that have been used during that time and frequently misused according to the you can't even come in and say this car was an accident these are the repairs that were done they were reasonable they were necessary that's not enough you still have to give the jury a fifty year and a car or something many of  have returned it within the first year because no questions asked them to get their money back they kept it for three or four years and therefore one well got some value out of it that should go take away from the jobs it wasn't as if the thing never works never turned on you know and i mean just by it's a small point that sort of feels to show they didn't really think about maybe their theory of the case i mean knew the day they got it it was didn't have any value well they didn't have to know on that date but what they can show is that yes the liver it could do this it couldn't do this therefore what it was really worth so we have a spectrum between two hundred forty eight thousand dollars and zero that a jury was asked to place a value on about something that in all due respect to the jury they would have no way to value just the truth of this at the trial court level what was just confirms my belief and my decision to grant judgment as a matter of law against the fraud plan because jury you found that there was no breach of express warranty there were no misrepresentations of fact that were part of this agreement questions i believe the testimony was that they did not at that time ask questions about the thickness of material that this machine would tie i think they said they may be asked those questions later want to research i would very much your honor thank you it was delivered in may you know and the technician came over from belgium to install the machine you're supposed to be there one week he spent two weeks there trying to make changes in the machine the computer system machine converted from metric to anguish at the end of two weeks he left not because it was fixed at that time but because he wanted to go home the holiday and he was not getting the changes out of belgium that he needed to change the computer was not working at that time properly and left it up to their dealer technician to take care of it well the dealer technician this was new to him he had never worked on a machine before and he was being trained by the plaintiffs are communications of up all the problems they had the first nine months then at the end of nine months there's a letter that was sent by mr com the present the company to a co listing all the problems and them what they intend to do about the problems and their response was basically don't bother us we didn't sell the machine deal with our dealer very united states then after that that you were came comes back and writes a letter to the board of directors of heiko and say hey you really are do something about this machine because the customer is having a lot of problems with it at that point haykel sends a nother correct and he spends a week on trying to fix the problems the end of that week he's still not able to fix all the problems and shortly thereafter the major problem arises and that is the fact that you have a punch had an eight and a  y that need to line up so if you're putting anything but circles it's important that those two things line up you're punching squares and you have this way and this way when it comes down to the metal they'll break t and two and a half three years into litigation finally sends another technician to look at the machine he spends two days changing out all the computer boards and then they run tests that is going to show that there's nothing wrong with the machine and on three six inch material and that test as they're running the machine it does the holes and finally it knocks out a tool onto the operator of the  exhibit fifty five you have it in there that states basically it will punch at certain speeds and the only speed in there in the brochure that has a pitch in the pictures the distance for the star one hole the center of the as the brochure but the difference here is the brochure was printed for a trade show in law which they had a prototype at milan after that trade show they changed the punchy speed company and it's buying a complicated piece of equipment for hundreds of thousands of dollars to manufacture goodness knows exactly what it needs so i mean it it needed a represented in the program proposal is not the correct speed because they have changed that speed in the design it seems to me that if you represented an automobile will go seventy miles an hour and in fact you know that there's a governor on they didn't see the second shift for this part doesn't have to do with the thickness of the material this part has to do with the pitch the difference between yeah from terrible terrible and unless you're that's the only thing a buyer has to rely upon are the specifications for the machine the a very difficult specification otherwise i don't know what it with fire would be life on earth and specifications and certainly the proposal confirmed that maximum speed was two hundred four hundred not three hundred five forty so inconsistent and in fact that two hundred four hundred was in fact the speed of this machine it was accurate and there's no dispute about that there's th again there was no justifiable alliance because here's the information most of which in the proposal is exactly accurate all of it in the proposal exactly accurate because firstly that's why judge shelter said this is a fraud case d and if you look at that compare that to the specifications the specifications are the only one that has a punchy speed at all it is the two forty that the two hundred four hundred is actually for a different machine