Mitchell v. Simpson

HOLMES, Judge.

This is a breach of contract case.

The defendant (Charles Mitchell) owned a house which he was going to move from one lot to another. After negotiations with the plaintiff (Lonnie Simpson), plaintiff and defendant entered into a written contract, whereby the plaintiff would pour the “slab” at the new housesite and make certain repairs to the house once it was moved. In other words, the placement of the slab would, in effect, determine where the house was to be located on defendant’s lot.

Prior to the house being moved, the defendant had the new site cleared and graded. After the…