McCardie & Akers Const. Co., Inc. v. Bonney

DOWD, Judge.

Defendants appeal the trial court’s award of damages in the sum of $2825 to plaintiff on its claim in quantum meruit. We reverse and remand for a new trial.

In April 1978 defendants contracted with Troy Home Sales, represented by Robert L. Rotter, for the purchase of a pre-built home to be erected on defendants’ property. The contract reflects that plaintiff as subcontractor would provide the basement. Plaintiff performed part of the designated work, but ceased construction prior to completion because it had not received payment. On May 27, 1978, plaintiff sent a bill to defendants…