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Leingang v. Mandan Weed Board

Supreme Court of North Dakota
468 N.W.2d 397 (1991)


Facts

Leingang (plaintiff) was awarded a contract to cut weeds on large lots by the City of Mandan Weed Board (Board) (defendant). The Board assigned some of the lots to another contractor, and Leingang sued for breach of contract in small claims court. The Board removed the lawsuit to county court. The only dispute was over how damages should be calculated. Leingang argued that the proper damage amount was the contract price minus costs avoided by the breach. The Board argued that Leingang’s overhead should also be subtracted from the damage award. The trial court used a “modified net profit” method to determine that Leingang was entitled to a 20 percent profit after the subtraction of overhead expenses. Leingang appealed to the Supreme Court of North Dakota.

Rule of Law

Issue

Holding and Reasoning (Evine, J.)

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