Altfillisch Construction Co. v. Torgerson Construction Corp.

OPINION

HATHAWAY, Judge.

Appellee (hereinafter buyer) brought a breach of contract action against appellants (hereinafter seller). Seller counterclaimed for damages for buyer’s alleged breach of contract. The judgment entitles buyer to specifically enforce the contract without further payment to seller and to recover attorney’s fees from seller under A.R.S. Sec. 12-341.01. It recites that any amount buyer may owe seller under the contract is offset by the damages resulting from seller’s breach. Seller’s motion for a new trial was denied and this appeal was taken.

The relevant facts are as…