Wargo Builders, Inc. v. Douglas L. Cox Plumbing & Heating, Inc.

This action was brought by plaintiff, appellee herein, a general contractor, against defendant, appellant herein, for the breach of an alleged subcontract. A judgment was returned for plaintiff. Defendant appeals on the grounds that the verdict is not substantiated by the evidence, that the verdict is against the weight of the evidence, and that the verdict is contrary to law. Plaintiff filed no cross-appeal. At the trial, without a jury, the court made the following findings of fact.(1) On April 21,1965, defendant made an oral offer to plaintiff to perform a subcontract for plumbing and…