Kimmey v. Peek

KELLY, Judge.

Plaintiffs, George and Tommy Kimmey, appeal from a jury verdict in favor of defendants Clyde E. Peek and Earth Excavating, Inc. Plaintiffs sued for breach of contract in the construction of their home, and Peek and Earth Excavating counterclaimed for the amount still due for work performed, and for fraud in failing to execute a mutual release to which the parties had agreed and upon which the defendants had relied in allowing their mechanic’s lien rights to expire. We affirm in part, reverse in part, and remand.

The parties entered into a supervision contract and a construction…