Daniel Contracting Company, Inc. v. Bob Johnson Homes, Inc.

Hall, Presiding Judge.

Plaintiff in an action on a contract appeals from the judgment and from the denial of its motion for a new trial.

The complaint alleged a breach of contract (nonpayment) by defendant and asked for damages in the sum of $5,000. Defendant counterclaimed for $118.75, also alleging breach (failure to complete work).

The court instructed the jury on the possible forms of their verdict: (1) for the plaintiff in the amount of $5,000; (2) for the defendant on its counterclaim from one dollar to $118.75; (3) for the defendant on plaintiff’s claim. The first form was exactly that…