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Leingang v. Mandan Weed Board

Supreme Court of North Dakota

468 N.W.2d 397 (1991)

Relevant factsFree

Leingang (plaintiff) held a weed-cutting contract with the Mandan Weed Board (defendant), which reassigned some contracted lots to another contractor, prompting Leingang to sue for breach; the only dispute was the proper measure of damages, with Leingang arguing for the contract price minus avoided costs, and the Board arguing Leingang's overhead should also be subtracted. The trial court used a "modified net profit" method deducting overhead to award Leingang a 20 percent profit, and Leingang appealed.

IssueFree

Whether fixed overhead expenses should be subtracted from a damage award for lost profits as a cost savings.

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