Smothers v. Henderson

MADDOX, Justice.

This is a breach of contract case. Both parties claimed that the other breached the contract. The jury returned a verdict in favor of the plaintiff both on his claim and on the defendant’s counterclaim. The issue is whether the trial judge erred in refusing to grant the defendant a new trial.

In December 1985, the plaintiff, Mike Henderson, agreed to construct an addition onto defendant Johnny Smothers’s home. Their agreement was partly oral and partly written. The written part consisted of a “spec” sheet on which Henderson had outlined the materials to be used in constructing…