Dyer Construction Co., Inc. v. Ellas Const. Co., Inc.

Two issues are presented by this appeal. The first is whether the finding by the trial court that there was no actual contract in existence between appellant Dyer Construction Co., Inc. (Dyer) and appellees Ellas Construction Co., Inc. and the Insurance Company of North America (appellees are hereinafter referred to as Ellas) was contrary to the evidence. The second issue is whether the trial court erred in subscribing the value of certain items and work performed by the appellant.

The sixth amended complaint filed by plaintiff-appellant Dyer against defendant-appellee Ellas alleged, inter…