Woodruff Construction, LLC
v.
Steven P. Christensen, Individually and D/B/A Christensen Construction Company
Appellant
Woodruff Construction, LLC
Appellee
Steven P. Christensen, Individually and D/B/A Christensen Construction Company
Attorneys for the Appellant
Ernest Kersten
Jerry L. Schnurr
Attorney for the Appellee
Richard Meyer
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dickinson County, David A. Lester, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ. Opinion by Doyle, J. (7 pages)
Woodruff Construction, LLC (Woodruff) appeals the district court order entering judgment in favor of Steven P. Christensen and Christensen Construction Company (Christensen) on its breach-of-contract counterclaim. Woodruff challenges the district court’s finding that it breached its contract with Christensen and its damage calculation. OPINION HOLDS: The bulk of Woodruff’s claims concern its defense that it could not perform under the deadlines of the contract based on circumstances beyond its control. Because it was not objectively impossible for Woodruff to perform, its failure to do so is not excused. Substantial evidence supports the finding that Woodruff breached the contract with Christensen, and there is sufficient evidence to support the district court’s award of damages.