Aguilar v. Millot
Plaintiff was awarded damages of $209,179 following a court trial on his complaint alleging breach of contract and common counts against defendant. Judgment was also entered in favor of Aguilar on Millots cross-complaint against Aguilar, Alvaro L. Banegas, and Bancomer Construction and Development, alleging foreclosure of a mechanics lien, breach of contract, common counts, and declaratory relief.
In this timely appeal from the judgment, Millot raises the following issues: (1) the oral contract was entered into between Millot and Banegas, and because Aguilar was not a party to the oral contract, he could not bring this action; (2) if Aguilar was a party to the oral contract, he was in breach due to his failure to pay the amount due, which excused Millots performance; (3) the statute of limitations on the oral contract expired in March 2004, but Aguilar did not file the instant action until October 2004; (4) the trial court erred in awarding damages in excess of those set forth in the written contract at $100 per day for late performance; (5) Aguilar did not prove that Millot materially breached the contract; (6) Aguilars payment of $3,700 after the alleged breach constituted a waiver of the breach; (7) the trial court awarded damages based upon loan costs not incurred in Aguilars name; and (8) the trial court abused its discretion by not allowing oral argument before filing its tentative and final statements of decision.
Court find no reversible error and affirm the judgment in its entirety.
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