City of Bismarck v. Mariner Construction, Inc.

VANDE WALLE, Chief Justice.

[¶ 1] Mariner Construction, Inc., and Great American Insurance Company (“Mariner”) appealed from a district court order denying their post-trial motions after a jury found Mariner breached its contract with the city of Bismarck and awarded Bismarck $261,943 in damages, plus interest. We hold the district court misapplied the law in instructing the jury on Bismarck’s breach of contract claim, and we reverse and remand for proceedings consistent with this opinion.

I

[¶ 2] After competitive bidding, Bismarck and Mariner entered into an April 2000 -written contract that…