Syndicated Const. Corp. v. Ross

CLAGETT, Associate Judge.

Plaintiffs purchased from defendant a house and lot under a written sales agree*369ment. Before settlement of the purchase the parties entered into a supplemental written contract whereby defendant agreed to construct on the lot for $500 a six-foot retaining wall with a three-foot iron fence on top. Although the full price was paid, defendant erected only a four-foot wall without any fence. Plaintiffs thereupon sued to recover $500 damages. The jury awarded a verdict for plaintiffs for only $56.60. Defendant has appealed. Plaintiffs did not enter an appearance on the…