Stockwell v. Zajic Lakes Development Co.

Plaintiffs (respondents) brought an action for damages for “breach of covenant” against defendant (appellant), a corporation. Trial by jury resulted in an award of damages to plaintiffs in the amount of *11$5,308.00 from which defendant has appealed.

The “covenant” upon which plaintiffs’ action was predicated (same obligating defendant to construct a sewer line) was auxiliary to conveyance of a vacant building lot by defendant as grantor. Plaintiffs and defendant throughout have properly treated the “breach of covenant” action as an action for breach of contract.

Defendant seeks appellate relief…