Legal Opinion

Westec Construction Management Co. v. Postle Enterprises I, Inc.

Colorado Court of Appeals

Decided November 7, 2002No. 01CA1055, 01CA1632PublishedCited by 3 opinions

1Opinion of the Court

Opinion by

Judge DAVIDSON.

In this breach of contract action, defendant, Postle Enterprises I, Inc., appeals from the trial court's judgment on remand determining that it failed to mitigate its damages against plaintiff, Westee Construction Management Company. Westec separately appeals the trial court's awards of post-judgment interest, attorney fees, and costs to Postle, and Postle cross-appeals the caleulation of per diem interest. The two appeals have been consolidated. We affirm in part, reverse in part, and remand.

In 1995, Westee contracted to build a fast-food restaurant for Postle.…

2Cases cited19 opinions

  1. Gunn Infiniti, Inc. v. O'BYRNETexas Supreme Court · 1999
  2. Hartman v. FreedmanSupreme Court of Colorado · 1979
  3. Willie Magee, Jr., Cross-Appellee v. United States Lines, Inc., Cross-AppellantCourt of Appeals for the Second Circuit · 1992
  4. Berger v. Security Pacific Information Systems, Inc.Colorado Court of Appeals · 1990
  5. Ginn v. Penobscot CompanySupreme Judicial Court of Maine · 1975

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3Cited by3 opinions

  1. People v. ShifrinColorado Court of Appeals · 2014
  2. U.S. Welding, Inc. v. Advanced Circuits, Inc.Supreme Court of Colorado · 2018
  3. Thompson v. United Securities Alliance, IncColorado Court of Appeals · 2016

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