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Contracts – breach — damages

By: WISCONSIN LAW JOURNAL STAFF//October 22, 2014//

Contracts – breach — damages

By: WISCONSIN LAW JOURNAL STAFF//October 22, 2014//

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Wisconsin Court of Appeals

Civil

Contracts – breach — damages

Jamie R. Davila appeals from a judgment dismissing his breach of contract claim against National Muffler & Food Mart, Inc. Davila contends that the trial court erred by not awarding him the amount he paid to a third party to perform the work that he had hired National to perform.

We affirm the trial court. Davila’s contract with National called for National to manufacture a product that met national certification standards, and when an inspection found that an adjustment was needed to the product before certification would be granted, Davila’s remedy for the breach was the cost of the adjustment. As Davila offered no evidence as to the cost of the adjustment, the court properly dismissed his action against National. This opinion will not be published.

2014AP1237-FT Davila v. National Muffler & Food Mart Inc.

Dist II, Racine County, Jude, J., Reilly, J.

Attorneys: For Appellant: Sellergren, Mick H., Lake Geneva; For Respondent: Bornstein, Ronald, Milwaukee

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