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Case No. 18-0371

Woodruff Construction, LLC
Steven P. Christensen, Individually and D/B/A Christensen Construction Company


Woodruff Construction, LLC


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:
May 01, 2019

            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. 

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