Foster v. Waverly Hall United Development Corp.

Banke, Judge.

The plaintiff, a construction contractor, sued to recover payments allegedly due from the defendant under a contract for the construction of a nursing home. In addition to seeking a money judgment, the plaintiff also sought to foreclose a lien for labor and materials. This appeal follows a jury verdict in favor of the defendant. Held:

1. The evidence did not demand a verdict in favor of the plaintiff. It was undisputed that the defendant had paid the plaintiff the full amount due under the terms of the original written contract. The sums which the plaintiff sought in this suit…