Shepherd v. Perkins Builders

OPINION

FRANKS, Judge.

Shepherd’s action for breach of construction contract against Perkins Builders (Perkins) was dismissed at the conclusion of trial by the Chancellor. Shepherd has appealed.

Shepherd’s issues on appeal are whether the Trial Judge erred in dismissing Shepherd’s claim on the grounds that Shepherd “failed to show a material breach of contract” and whether the Trial Court “incorrectly” limited Shepherd’s “proof at trial”.

On June 30, 1993, the parties entered an agreement for the construction of a dwelling house, and Perkins undertook construction. On December 1, 1993, Shepherd…