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The appellate court affirmed the trial court's breach of contract judgment in favor of Murphy Elevator for $13,626.14, but reversed and remanded the portion regarding damages calculation for the remaining months of the second contract year due to incorrect measure of damages applied.
CONTRACTS - DAMAGES: Where the parties' elevator-maintenance contract clearly and unambiguously provided that defendant would be responsible for paying the difference between plaintiff's regular and overtime billing rates if it requested that plaintiff perform services outside of the contractually specified dates and times, the trial court did not err in accepting testimony from plaintiff as to the amount plaintiff charged for regular and overtime services in a given year, or in awarding damages accordingly. Where the contract did not specify the hourly rate that defendant would be required to pay plaintiff for performing requested services that were not covered under the contract, the trial court did not err in awarding plaintiff damages for the services in the amount of plaintiff's standard rates. The trial court erred in awarding plaintiff the gross revenue that it would have received under the second year of the parties' contract where plaintiff stopped performing contractual services due to defendant's nonpayment the court should have awarded plaintiff its lost profits.
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