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Marriott Hotel Services v. Nat. Vacation Resorts
Defendant and appellant National Vacation Resorts: Kosher Classics, Inc. (Classics) appeals from a judgment in favor of Marriott Hotel Services, Inc. (Marriott) following a bench trial on Marriott's complaint for breach of contract. The trial court awarded Marriott $329,478.79 in actual damages, liquidated damages and prejudgment interest on implied findings that Classics had breached two written contracts with Marriott for events in which Classics agreed to occupy a certain number of rooms at the Coronado Island Marriott Resort. On appeal, Classics contends (1) the trial court erred by ignoring the plain language of one of the contracts and undisputed testimony of Classics' principal as to certain penalties; (2) Marriott unilaterally cancelled the other contract; and (3) Marriott presented no evidence of reasonable efforts to mitigate its damages. Court affirm the judgment.

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