Catoe v. Helms Construction & Concrete Co.

BECTON, Judge.

Plaintiff, Robert Catoe, brought this action seeking $26,988.85 in damages ($24,000 for lost profits and $2,988.85 for out-of-pocket expenses) for breach of an express contract, or, in the alternative, recovery in the same amount in quantum meruit. Catoe appeals from judgment entered on a jury verdict awarding him nominal damages, assigning as error certain peremptory instructions to the jury. We find no error in the instructions and affirm the judgment.

I

Plaintiff Catoe alleged in his Complaint that he entered into an agreement with defendant Helms Construction & Concrete…