This section contains the nature of the case and procedural background.

Dix (D) did not finish a construction contract on time, and the Nursing Home (P) sued. The case was referred to an auditor, and the auditor made the following findings of fact; 1) that P had not breached, 2) that D did breach the contract, and 3) P suffered no compensable damages from that breach because the cost to complete the nursing home was within the contract price and less than what had been paid to D. P appealed.

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