Triton Coal Co. v. Husman, Inc.

MACY, Chief Justice.

Triton Coal Company appeals from a special verdict granting breach-of-contract damages to Husman, Inc., in part, because Triton failed to fully pay Husman for its removal of overburden and topsoil from Triton’s coal mine.

We affirm in part, reverse in part, and remand.

Triton raises the following issues on appeal:. 1. Did the District Court exceed its jurisdiction by submitting breach of contract claims to the jury which were not appealed by Husman and therefore beyond the scope of the issues identified in this Court’s Order on Remand following the first appeal?

2. Did the…