Metro Contracting, Inc. v. Oscar H. Kulseth Co.

Metro Contracting, Inc., a subcontractor, has brought this action against the Oscar H. Kulseth Company, the contractor, on their subcontracting agreement. The jury returned a verdict for plaintiff of $15,000. The trial court denied defendant’s motion for judgment notwithstanding the verdict or a new trial provided that plaintiff consent to remittitur of its recovery to $5,350. Plaintiff filed its consent, and defendant appealed from the denial of its motion. We affirm.

Defendant contends that the verdict is contrary to the evidence and law and caused by passion and prejudice. Defendant also…