United States Eighth Circuit
MILLER v. MILLS CONSTR., INC., 02-3793
District court properly awarded damages and prejudgment interest to plaintiff. Defendant materially breached the contract by providing defective materials to plaintiff, entitling plaintiff to damages based on the value of its work and consequential damages for losses incurred from date of the building's collapse to the end of the contract term.
Appellate Information
- Decided 12/18/2003
- Published 12/18/2003
Judges
- LAY, Circuit Judge., Before LOKEN, Chief Judge, LAY and HEANEY, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- James E. Moore, Sioux Falls, SD and Thomas M. Frankman, Sioux Falls, SD, for appellant.
- For Appellees:
- John F. Thomas, A. Stevenson Bogue and Michael T. Eversden, Omaha, NE, for appellee.