Markwart v. Fry

Plaintiff, a building contractor, brought this action for the balance due on a contract to construct a house on defendants’ property. Defendants counterclaimed for damages resulting from deficiencies in plaintiffs work and for punitive damages. The case was tried to the court sitting without a jury. The court awarded plaintiff $9,825 as the balance due under the contract and awarded defendants damages of $9,472, leaving a net judgment of $353 in favor of plaintiff. Defendants appeal, and we affirm.

Defendants owned a lot in Portland on which they desired to build a house. They contacted…