Scott v. Grinnell Mutual Reinsurance Co.

NEUMAN, Justice.

This appeal concerns an alleged breach of contract for the purchase of computer programming services. Plaintiffs petition rested solely on a theory of implied contract for the value of services rendered. At trial, however, plaintiff was permitted— over defendants’ objection — to amend to conform to proof of breach of an express contract. The jury’s verdict premised on this new theory awarded plaintiff reliance damages totabng $100,000, and defendants now appeal the judgment entered on that verdict.

Because the evidence pertinent to damages recoverable under plaintiffs original…