MESA SAND & GRAVEL v. LANDFILL, INC.

No. 88SC190.

776 P.2d 362 (1989)

MESA SAND & GRAVEL CO., Petitioner, v. LANDFILL, INC., Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing July 24, 1989.


Attorney(s) appearing for the Case

Martin & Mehaffy, Joel C. Maguire, Boulder, for petitioner.

Parcel, Mauro, Hultin & Spaanstra, Paul F. Hultin and Marcus L. Squarrell, Denver, for respondent.


Justice VOLLACK delivered the Opinion of the Court.

In this case we must decide whether the prevailing party in a breach of contract case is entitled to recover prejudgment interest at the annual rate of eight percent under section 5-12-102(1)(b), 2 C.R.S. (1988 Supp.). The court of appeals concluded that Mesa Sand and Gravel Co. (Mesa) was not entitled to recover prejudgment interest because Mesa failed to show that Landfill, Inc. (Landfill) obtained a "gain or benefit...

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