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Contracts Keyed to Marshall
Leingang v. City of Mandan Weed Board
Citation:
468 N.W.2d 397 (1991)Facts
The City of Mandan Weed Board awarded Leingang a contract to cut weeds on lots with an area greater than 10,000 square feet. Another contractor received the contract for smaller lots. During 1987, Leingang discovered that the Weed Board’s agent was improperly assigning large lots to the small-lot contractor. Leingang complained and the weed board assigned some substitute lots to him. Leingang brought a breach of contract action in small claims court and the City removed the action to county court. The City admitted that it had prevented Leingang’s performance under the contract and that the contract price for the lost work was $1,933.78. A bench trial was held to assess the damages suffered by Leingang.
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