Leingang v. City of Mandan Weed Board

LEVINE, Justice.

Robert Leingang appeals from an award of damages for breach of contract. The issue is whether the trial court used the appropriate measure of damages. We hold it did not, and reverse and remand.

The City of Mandan Weed Board awarded Leingang a contract to cut weeds on lots with an area greater than 10,000 square feet. 1 Another contractor received the con tract for smaller lots. During 1987, Lein-gang discovered that the Weed Board’s agent was improperly assigning large lots to the small-lot contractor. Leingang complained and the weed board assigned some substitute lots to him.