Tacker v. Phillips

This suit was brought to recover the balance due on a contract whereby the plaintiff agreed to construct a building for the defendant. The defendant furnished the material. The plaintiff’s pleadings alleged that he had substantially performed the work as set out in the contract. The trial court, upon a finding by the jury that the contract had been substantially performed, awarded the balance due on the contract to the plaintiff in a judgment for $2250.00 which included $750.00 in attorneys’ fees. The case was before the court of civil appeals on an agreed statement of facts in which the…