By: Derek Hawkins//January 22, 2018//
WI Court of Appeals – District I
Case Name: Christopher J. Saugstad v. Douglas A. Prahst
Case No.: 2017AP308
Officials: Kessler, Brash and Dugan, JJ.
Focus: Breach of Contract – Damages
Douglas A. Prahst appeals from a judgment entered in favor of Christopher J. Saugstad for damages incurred relating to repairs to the chimney and fireplace of a residential property that Saugstad purchased from Prahst. A jury found that Prahst had failed to perform the condition of the contract regarding those repairs, and awarded Saugstad damages in the amount of $8900.
On appeal, Prahst argues that the evidence does not support the amount awarded by the jury, and that the trial court erred in not limiting the amount of damages to the cost of the repairs that were listed on an initial estimate obtained from a chimney repair company. Additionally, Prahst argues for the first time on appeal that Saugstad ultimately had a gas insert installed in the fireplace, which he alleges rendered the chimney repairs unnecessary, and thus the damages should have been limited to Saugstad’s actual cost for the insert installation.
Saugstad counters that an additional amendment to the contract signed at closing, which provided for the repair of the fireplace and chimney such that they were safe for use, was the proper basis for determining damages. We affirm.