Westmoreland-Lg & E Partners v. Va. Elec.

In an amended motion for judgment, Westmoreland-LG&E Partners (Westmoreland) sought to recover from Virginia Electric and Power Company (Virginia Power) damages resulting from Virginia Power’s alleged breach of a “Power Purchase and Operating Agreement” (the Contract). Westmoreland appeals from the award of summary judgment in Virginia Power’s favor and the dismissal of Westmoreland’s action with prejudice.

Westmoreland makes three complaints on appeal. First, Westmoreland says the trial court erred in holding that evidence of trade custom and usage would not be permitted to explain the…