United States Fourth Circuit
Homeland Training Center, LLC. v. Summit Point Auto. Research Center, 08-2272
In an action for breach of contract, district court's holding that the original decision to seek specific performance precluded the non-repudiating party from being able to claim monetary damages is reversed as there is no reason why, as a general matter, a party who initially seeks specific performance cannot later switch his preferred relief to an award of damages in the event that specific performance is rendered impractical or impossible.
Appellate Information
- Argued 10/27/2009
- Decided 02/03/2010
- Published 02/03/2010
Judges
- Before WILKINSON, DUNCAN, and DAVIS, Circuit Judges.
Court
- United States Fourth Circuit
Counsel
- For Appellant:
- ARGUED:John Harlan Mahaney, II, Huddleston & Bolen, LLP, Huntington, West Virginia, for Homeland Training Center, LLC. William Richard McCune, Jr., Martinsburg, West Virginia, for Summit Point Automotive Research Center. ON BRIEF:J. Jarrod Jordan, Huddleston & Bolen, LLP, Huntington, West Virginia, for Homeland Training Center, LLC. Peter L. Chakmakian, Peter L. Chakmakian, LC, Charles Town, West Virginia; Alex A. Tsiatsos, Wm. Richard McCune, Jr., PLLC, Martinsburg, West Virginia, for Summit Point Automotive Research Center.