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WESTBY v. SCHMIDT

No. 20090109.

779 N.W.2d 681 (2010)

2010 ND 44

Randy WESTBY, Plaintiff and Appellee v. Gary J. SCHMIDT and Schmidt Construction of Stanley, Inc., Defendants and Appellants.

Supreme Court of North Dakota.

March 16, 2010.

Attorney(s) appearing for the Case

Bryan Lee Van Grinsven, Minot, N.D., for plaintiff and appellee.

Tom P. Slorby, Minot, N.D., for defendants and appellants.

MARING, Justice.

[¶ 1] Gary Schmidt and Schmidt Construction of Stanley, Inc. ("appellants") appeal from a district court judgment entered after a jury awarded Randy Westby $239,595.14 in damages in a breach of contract action. We affirm, concluding the district court did not abuse its discretion by allowing expert testimony, there was sufficient evidence to support the jury's verdict, and the court did not err in denying the appellants' motion to dismiss the...

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