093116P.pdf   01/07/2011  The Weitz Company  v.  MH Washington
   U.S. Court of Appeals Case No:  09-3116
                          and No:  09-3118
                          and No:  09-3635
                          and No:  09-3649
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Benton, Author, with Murphy and Beam, Circuit Judges]
   Civil case - Contracts. District court did not err in finding defendant
   MacKenzie House was jointly and severally liable with defendant MH
   Washington as the defendants were in a principal-agent relationship;
   given the ambiguity of a contract provision, it was proper for the jury to
   resolve the meaning of the terms and decide when the buildings were
   completed; evidence was sufficient to support the jury's finding that
   plaintiff substantially performed the contract and that defendant breached;
   evidentiary challenges rejected; award of attorneys' fees, costs and
   interest against defendant MH Washington affirmed; the district court did
   not err in denying subcontractor's motion for judgment as a matter of law
   on partial payment issues as plaintiff's acceptance of partial pay
   applications did not preclude plaintiff from seeking breach of contract
   damages; amount of damages awarded was supported by the evidence;
   evidence did not support the giving of subcontractor's proposed
   mitigation of damages instruction; attorneys' fees and costs award against
   subcontractor affirmed.