Fieser Services, Inc. v. Saline Sewer Co.

CRIST, Judge.

Fieser Services, Inc. (Fieser) appeals from an adverse judgment in its court-tried ac*93tion for damages on an alleged breach of a contract to construct a sewer line. We vacate the judgment and remand this cause for further proceedings.

In June, 1978, Fieser and respondent Saline Sewer Company (Saline) contracted for Saline’s construction of a sewer line to extend about 1700 feet from a Saline sewage trunkline to Fieser’s six-acre lot upon which Fieser intended to build a nursing home. Among the contract’s salient provisions were (1) Saline’s promise to have “acceptable sewer service…