Schmidt v. MacCo Construction Co.

P aintiff brought this action against the defendants for breach of a ivritten contract under which defendants agreed to grade and fill a portion of plaintiff’s land. The complaint prayed for $250,000 damages. The jury brought in a verdict of $17,500. The trial court denied a motion for entry of judgment notwithstanding the verdict. The defendants appealed from that order. The plaintiff moved to dismiss defendants’ appeal, and also cross-appealed from the judgment. Subsequently, defendants abandoned their appeal, and, upon their request, it was dismissed. Thus, there is left for consideration…