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Contract Law Appellate Court Opinion

by Booth, George


AC43549 - Regional School District 8 v. M & S Paving & Sealing, Inc. (Breach of contract; damages; whether trial court erred in concluding that defendant's unworkmanlike performance proximately caused plaintiff's damages; "The defendant, M & S Paving and Sealing, Inc., appeals from the judgment of the trial court rendered in favor of the plaintiff, Regional School District 8, following a trial to the court on the plaintiff's breach of contract claim for defective work. On appeal, the defendant claims that the trial court (1) erred when it found, in the absence of expert testimony, that the defendant's work proximately caused the alleged defects, and (2) improperly calculated the amount of damages awarded to the plaintiff. We affirm the judgment of the trial court.")