Albrecht v. Fettig

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Albrecht v. Fettig

Case Number
A-18-0445
Court Number
Thurston
Call Date
April 16, 2019
Case Time
1:00 PM
Case Summary

A-18-0445, Andrew Albrecht (Cross-Appellant) v. Kevin Fettig, doing business as Fettig Cattle Co. (Appellant)

District Court of Thurston County, Judge John E. Samson

Attorneys for Appellant: Jeffry D. Patterson & Stuart B. Mills

Attorney for Appellee: Wendy J. Ridder (Bracht Law)

Civil: Breach of Contract

Action Taken by Trial Court: Cross-Appellant filed a breach of contract claim against Appellant, asserting that Appellant failed to deliver cattle that complied with the terms of their written purchase agreement. The trial court found that Appellant had breached the contract and awarded damages to Cross-Appellant in the amount of his initial deposit and costs expended in caring for the cattle before their return.

Assignments of Error on Appeal: On appeal, Appellant argues that the district court erred in finding that Cross-Appellant could refuse delivery of cattle that was not 80% red Angus and 20% black Angus, that Appellant had not notified Cross-Appellant of his intention to cure the purported breach, and that Cross-Appellant had not repudiated the contract prior to the end of its performance period. Cross-Appellant alleges that the trial court erred in not awarding pre-judgment interest on the award of damages in the amount of his initial deposit.

Case Location
Lincoln
Court Type
District Court
Schedule Code
A2
Panel Text
Pirtle, Arterburn, and Welch, Judges