Fleming v. Scott

Opinion by

Mr. Justice Day.

We will refer to the parties as they appeared in the trial court where plaintiff in error was the defendant against whom judgment was entered. The trial was to a jury and the verdict awarded plaintiff damages.

Plaintiff’s cause of action was based on a breach of a remodeling contract. The allegations were that defendant had undertaken to remodel plaintiff’s home and add a room thereon; that defendant failed to do certain work as agreed upon and that what was attempted to be accomplished was done in such an unworkmanlike manner as to cause plaintiff to hire others to…