Phil W. Morris Co. v. Schwartz

OPINION

KLEIN SCHMIDT, Judge.

This is an appeal from an order of the trial court granting summary judgment in favor of the plaintiff, The Phil W. Morris Company, and against appellants, Jack J. and Shelia Schwartz. We affirm the judgment of the trial court.

The Phil W. Morris Company, a general contractor, entered into an agreement to remodel the Schwartz residence. As of May 2, 1980, the contractor had billed the homeowners a total of $228,667 and as of May 5, 1980, the homeowners had paid the contractor the sum of $193,840.80. About this time a dispute arose and the Schwartzes refused to make…