Thompson-Arthur Paving Co. v. Lincoln Battleground Associates, Ltd.

COZORT, Judge.

This appeal follows a jury verdict and entry of judgment in favor of plaintiff on plaintiff’s claim for breach of contract. The jury found that a settlement agreement entered into by the parties was subject to rescission because of mistake. The jury then rejected both parties’ express contract theories and awarded damages based on an implied in fact contract theory of recovery. We uphold judgment for plaintiff but remand for an additional award of interest.

The evidence at trial was as follows: On or about 5 November 1985, plaintiff submitted a Proposal and Contract Form to…