Cotter

—This is the third appeal involving a frustrated attempt by respondent Schellinger Brothers to develop a large tract of real property in the City of Sebastopol (the City) it had agreed to purchase from appellant James F. Cotter. We opened our opinion in the second appeal with the following:

We affirmed that judgment, noting that ‘“the history of this dispute would bring tears to the eyes of a brass monkey.” (Schellinger II, supra, A135014.) We spoke too soon, for a third round of litigation commenced by Schellinger was already under way. Following a bench trial of Schellinger’s complaint against Cotter for breaching the contract between them, the Honorable Elliot Lee Daum entered a money judgment for $2,855,431.77 in favor of Schellinger, and then an order awarding costs and attorney fees.

Cotter appeals from the judgment and from the order. He contends (1) Judge Daum misinterpreted the contract; (2) Judge Daum’s finding that Cotter breached the contract is both legally erroneous and not supported by substantial evidence; and (3) Judge Daum erred in concluding that Schellinger was entitled to consequential damages that were the proximate result of Cotter’s breach.…