State Property & Buildings Commission of the Department of Finance v. H. W. Miller Construction Co.

PALMORE, Judge.

The State Property and Buildings Commission (KRS 56.450) sued appellee, H. W. Miller Construction Company, for damages in the amount of $4,447 resulting from an alleged breach of contract. At the close of plaintiff’s evidence the trial court sustained defendant’s motion for a directed verdict and entered judgment accordingly. The commission appeals.

The briefs present two issues, (1) interpretation of the contract and (2) sufficiency of the proof of damages.

The contract, awarded to Miller in June of 1955, covered the construction of a state office building in accordance with…