J.A. Tobin Construction Co. v. State Highway Commission of Missouri

DIXON, Judge.

The Highway Commission appeals a jury verdict in favor of Tobin on a claim based on breach of a highway construction contract. The Commission claims error in (1) the refusal of its motion for a directed verdict; (2) the admission of evidence of Tobin’s loss on the whole contract; (3) the admission of a letter from the Commission to Tobin claimed to be a settlement offer; and (4) the allowance of prejudgment interest.

Tobin was the successful bidder on a highway project in Platte County. The work was for a 4.5 mile section of 1-29 adjacent to Mid-Continent Airport. The contract…