J. Clancy, Inc. v. Khan Comfort, LLC
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The Supreme Court affirmed the judgment of the circuit court determining that J. Clancy, Inc. had performed under a contract for renovations of a Spearfish hotel and that Khan Comfort, LLC had breached the contract by failing timely to make payments, holding that there was no error.
J. Clancy brought this action alleging claims for nonpayment under a series of implied-in-fact contracts. Following a trial, the circuit court awarded Khan a judgment against J. Clancy for overpayment. The Supreme Court reversed, concluding that the parties had entered into an express contract for the renovations. After a remand, the circuit court found that J. Clancy had fully performed under the terms of the contract and that Khan had breached the contract. The Supreme Court affirmed, holding (1) the circuit court's actions on remand were within the parameters of its decision-making authority; (2) the circuit court did not err in finding on remand that J. Clancy had fully performed; and (3) the record supported the court's findings of fact on damages.
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