Denbury Onshore v. Precision Welding

98 So. 3d 449 (2012)

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Denbury Onshore v. Precision Welding

Mississippi Supreme Court
98 So. 3d 449 (2012)

RW

Facts

The oral contract between Denbury Onshore, LLC (Denbury) (defendant) and Precision Welding, Inc. (Precision) (plaintiff) provided that Denbury would pay Precision an hourly rate for Precision’s construction work on Denbury’s planned string of industrial facilities. Precision began and expected to complete work on the first such facility, Barksdale I. However, Denbury fired Precision upon discovering that Precision had abetted a breach of Denbury company policy. Precision sued for breach of contract. The trial court instructed the jury to determine whether the contract was terminable at will and, if so, whether Denbury gave Precision reasonable notice of termination. The jury returned its verdict for Precision and awarded substantial damages against Denbury. The trial court denied Denbury’s motion for a judgment notwithstanding the verdict (JNOV). Denbury appealed to the Mississippi Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Dickinson, J.)

Dissent (King)

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