concurring in part and dissenting in part.
I concur with the majority's analysis of the law questions presented and with its decision except for its reduction of loss of use damages to a reasonable replacement time of thirty days.
The majority fails to properly acknowledge that at trial, Lucas persuaded the court, albeit erroneously, to award damages for 120 days on the basis of his financial inability to secure a replacement. He should therefore have the opportunity to prove reasonable replacement time.
Since the defendant admits such time would at least take 30 days, I would remand with instructions to grant a new trial limited to damages for loss of use unless Lucas agrees to accept logs of use damages of $600 based upon the 30 day period admitted by Persinger.