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HOMELAND TRAINING v. SUMMIT POINT AUTO. RESEARCH

Nos. 08-2272, 08-2273.

594 F.3d 285 (2010)

HOMELAND TRAINING CENTER, LLC, a Tennessee Limited Liability Company, Plaintiff-Appellant, v. SUMMIT POINT AUTOMOTIVE RESEARCH CENTER, a West Virginia Limited Liability Company, individually and in its capacity as Trustee of the William Scott Inter Vivos Trust, Defendant-Appellee, and William Scott Inter Vivos Trust, Defendant. Homeland Training Center, LLC, a Tennessee Limited Liability Company, Plaintiff-Appellee, v. Summit Point Automotive Research Center, a West Virginia Limited Liability Company, individually and in its capacity as Trustee of the William Scott Inter Vivos Trust, Defendant-Appellant, and William Scott Inter Vivos Trust, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 3, 2010.

Attorney(s) appearing for the Case

ARGUED: John Harlan Mahaney, II, Huddleston & Bolen, LLP, Huntington, West Virginia, for Homeland Training Center, LLC. William Richard McCune, Jr., Martinsburg, West Virginia, for Summit Point Automotive Research Center. ON BRIEF: J. Jarrod Jordan, Huddleston & Bolen, LLP, Huntington, West Virginia, for Homeland Training Center, LLC. Peter L. Chakmakian, Peter L. Chakmakian, LC, Charles Town, West Virginia; Alex A. Tsiatsos, Wm. Richard McCune, Jr., PLLC, Martinsburg, West Virginia, for Summit Point Automotive Research Center.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge DUNCAN joined. Judge DAVIS wrote a separate opinion dissenting in part and concurring in part.

OPINION

WILKINSON, Circuit Judge:

After one party to a contract repudiated it, the other party filed an action for breach of contract and requested an order of specific performance. As the litigation progressed, it became apparent that the repudiation had destroyed any prospect of salvaging the contract, prompting the non-repudiating party to abandon its earlier request for specific performance and to seek monetary damages instead. The district court, however...

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