Kiely Corp. v. Gibson

Plaintiff sued for damages for breach of a construction subcontract; judgment was entered in favor of the defendant. Thereafter plaintiff moved for a new trial; the motion was granted upon grounds of the insufficiency of the evidence to justify the decision and that the judgment was “against law.” Defendant appeals from the resulting order.

The subcontract was for demolition, site clearance and other work connected with the construction of an elementarv school in Torrance for which project plaintiff had been awarded the general contract. Bids were invited, and the low bid was eventually…