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ALPINE CLIMATE CONTROL, INC. v. DJ'S, INC.

No. 02-213.

78 P.3d 685 (2003)

2003 WY 138

ALPINE CLIMATE CONTROL, INC., Appellant (Plaintiff), v. DJ'S, INC., d/b/a DJ's Thriftway; and Dennis Dobbin, Appellees (Defendants).

Supreme Court of Wyoming.

October 30, 2003.

Attorney(s) appearing for the Case

Representing Appellant: Brian N. Beisher of Hart & Beisher, Sheridan, Wyoming.

Representing Appellee: Timothy J. Kirven and Robert E. Pfister II of Kirven and Kirven, P.C., Buffalo, Wyoming.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

GOLDEN, Justice.

[¶ 1] In this breach of contract action, Appellant Alpine Climate Control, Inc., appeals from a jury verdict for the Appellee DJ's Inc., contending that the trial court improperly refused to instruct the jury on its theory that DJ's had breached the contract by actions that had prevented complete performance. Alpine claimed that performance was prevented when DJ's would not permit Alpine to perform warranty work to correct deficiencies. After...

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