Ervin Construction Co. v. Van Orden

WALTERS, Chief Judge.

The dispute in this case arose from a contract to construct a log home. The central issues on appeal involve the appropriate measure of damages where both parties to the agreement are in breach. As explained below, we vacate the judgment entered by the district court and remand the case for a recalculation of damages.

*740FACTS AND PROCEDURAL BACKGROUND

Ervin Construction Company (Ervin) contracted to construct a log home for Jay and Shelli Van Orden (the Van Ordens) in Aberdeen, Idaho. The terms of the contract provided that the Van Ordens would make monthly progress payments,…