Wuagneux Builders, Inc. v. Candlewood Builders, Inc.

OPINION

JORDAN, Justice.

This is a suit by appellee on a sworn account to recover from appellant part of the cost of a retaining wall built for appellant and others by appellee. Judgment in the trial court was entered on a jury verdict for the amount of $5,635.00 plus attorney’s fees for appellee’s attorney.

We reform and affirm the judgment subject to remittitur.

In June of 1978, appellant, through its president and principal stockholder, Ed Wuagneux, and appellee entered into an oral agreement whereby appellee Candle-wood Builders, Inc. was to build a retaining wall abutting Eagle Mountain Lake…