Homeland Training Center, LLC. v. Summit Point Auto. Research Center, No. 08-2272

In an action for breach of contract, district court's holding that the  original decision to seek specific performance precluded the non-repudiating party from being able to claim monetary damages is reversed as there is no reason why, as a general matter, a party who initially seeks specific performance cannot later switch his preferred relief to an award of damages in the event that specific performance is rendered impractical or impossible. 

Read Homeland Training Center, LLC. v. Summit Point Auto. Research Center, No. 08-2272

Appellate Information

Argued: October 27, 2009

Decided: February 3, 2010

Judges

Opinion by Circuit Judge Wilkinson

Counsel

For Appellant:  John Harlan Mahaney, II, Huddleston & Bolen LLP

For Appellee:    William Richard McCune, Jr.