Howard Construction Co. v. Bentley Trucking, Inc.

PATRICIA BRECKENRIDGE, Judge.

Howard Construction Company appeals the trial court’s denial of its motion for a new trial following a jury verdict against it on its claim for breach of contract against Bentley Trucking and in favor of Bentley on Bentley’s counterclaim for action on account. Howard raises two points on appeal. In its first point, Howard claims the trial court erred in refusing to submit its proposed jury instruction on breach of the implied warranty of fitness for a particular purpose. In its second point, Howard asserts the trial court erred in denying its motion for a new…