Schnepf v. Thomas L. McNamara, Inc.

Plaintiff declared on a written contract for sums due thereunder, for further sums due under an oral contract allegedly entered into on termination of the former, and for damages for breach of the latter. Defendant filed a cross declaration for damages resulting from plaintiff’s alleged breach of the written contract. A jury returned a verdict of $10,000 for defendant. Plaintiff appeals.

Defendant had contracted to construct a sewer for the city of Saginaw at a stipulated price, to complete it by a certain date and to pay a penalty for each day’s delay beyond that date. Defendant made a…