Enterprise Sales Co. v. Barham

John A. Fogleman, Chief Justice.

This is the second appeal in this case. On June 19, 1978, in an unpublished opinion, we affirmed a judgment against appellant on condition that appellee enter a remittitur of the amount of the judgment in excess of $1,500; otherwise, a new trial was ordered. No remittitur was entered. On retrial of this action by appellee against appellant, a building contractor, for damages allegedly resulting from appellant’s failure to properly construct a house it sold appellee, the jury returned a verdict of $6,000 for appellee. We again find error in the proceedings.

Robert…