Birchwood Land Company, Inc. v. Ormond Bushey & Sons, Inc.

¶ 1. This appeal involves a dispute between developer, Birchwood Land Company, Inc., and contractor, Ormond Bushey & Sons, Inc., arising out of a construction contract. Developer sued for breach of contract, claiming mainly that contractor had removed excavated sand from the construction site without permission. Contractor counterclaimed for amounts due under the contract. The court found that contractor breached the contract and granted developer damages for the lost sand. The damages were offset by the unpaid balance owed to contractor. The court concluded that neither party was entitled to…