Oak Ridge Construction Co. v. Tolley

HOFFMAN, Judge:

This is an appeal from the lower court’s judgment awarding appellee, Oak Ridge Construction Co. (Oak Ridge), damages for appellants’, the Tolleys’, anticipatory breach of a construction contract. The Tolleys contend on appeal that the lower court erred in (1) finding that they, rather than Oak Ridge, had breached the contract; (2) striking testimony as to the unreasonableness of drilling an 800 foot well; and (3) awarding damages to Oak Ridge. We affirm in part, reverse in part, and remand for further proceedings.

In June, 1982, the Tolleys and Oak Ridge entered into a contract…