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DeROSIER v. UTILITY SYSTEMS OF AMERICA

No. A09-879.

780 N.W.2d 1 (2010)

Chad DeROSIER, Respondent, v. UTILITY SYSTEMS OF AMERICA, INC., Appellant.

Court of Appeals of Minnesota.

March 2, 2010.

Attorney(s) appearing for the Case

Sean M. Quinn, Falsani, Balmer, Peterson, Quinn & Beyer, Duluth, MN, for respondent.

Robert H. Magie, III, Duluth, MN, for appellant.

Considered and decided by MINGE, Presiding Judge; SCHELLHAS, Judge; and STAUBER, Judge.

OPINION

MINGE, Judge.

Appellant contractor challenges the district court award of actual and consequential damages for breach of an oral contract. We affirm in part and reverse in part.

FACTS

Respondent Chad DeRosier purchased undeveloped hillside property in Duluth with plans to construct a house. The property sloped steeply down from the street, requiring substantial fill. Because appellant Utility Systems of America, Inc. (USA) was excavating...

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