Reed testified that 1994 production chicken had less value than 1995 production. He also said that the cut of chicken reflected on the label was a less desirable commodity than split fryer breasts. This was disputed by Darrell Glen. Glen testified that there was no difference between split fryer breasts and the cut of chicken shown on the label. Because the trial judge found that the goods were nonconforming, he obviously believed Reed's testimony.
Decisions regarding the credibility of witnesses are to be made by the trier of fact.
Ozark Auto Transp. In particular, when a technical term is used, the trier of fact may determine in what sense the term was used. Regarding proof of damages, the burden of proof is on the party claiming damages, and such proof must consist of facts, not speculation. If it is reasonably certain that profits would have resulted had the contract been carried out, then the complaining party is entitled to recover lost profits. Tremco, Inc. v. Valley Aluminum Prod.