Di Bernardo v. Gunneson

Appeal from a judgment of the Supreme Court, entered October 19, 1977 in Fulton County, upon a verdict rendered at a Trial Term in favor of plaintiff. Defendant was a builder who had contracted to build a house for plaintiffs. Plans and specifications, with certain modifications, were agreed upon by the parties and work commenced. When work ceased because of the disagreement of the parties, the plaintiffs had paid the defendant builder some $17,000 of the agreed price of $32,500. No further work was done on the partially completed house. The plaintiffs commenced this action for breach of…