Akers v. Bernhard Mechanical Contractors, Inc.

_|jl agree with the majority’s ruling finding Bernhard liable for Akers’s contractual claim and the award for Akers’s principal demand. Akers’s ability to return the Ven-taire system and mitigate his loss was a close question of fact. Akers took the position that he delivered the product to *832Bernhard and the “sale was complete.” Therefore, because of Bernhard’s control of the product at that point, Akers was not responsible for either its return to Ven-taire or its resale.

I respectfully dissent to the majority’s ruling in favor of Bernhard on its third party demand against the City. Once the…