Ebner v. Ewiak

HOFFMAN, Judge:

Appellant alleges error in: (1) the admission of appellees’ cost lists; (2) the admission of his wife’s testimony against him; (3) the lower court’s refusal to give certain requested jury charges; (4) the rendering of the jury verdict in the absence of his defense counsel; (5) the amount of damages awarded; and (6) the rejection of after-discovered evidence. We find these contentions meritless and, accordingly, affirm the order below.

In November of 1974, the Ebners and the Ewiaks agreed to construct a home for the Ebners on property owned by the Ewiaks. The Ewiaks, Mrs. Ebner’s…