Phillips v. Tacker

OPINION

JAMES, Justice.

In this case appellant Jack Phillips as owner entered into a “home made” written contract with appellee Ed Tacker as builder, whereby Tacker agreed to construct a certain building within a given time for Phillips for $3000.00, payable as follows: $1500.00 at the time when the cement foundation is poured, and the balance of $1500.00 within 15 days after the completion of the entire job. Trial was to a jury, which found that the building was constructed by the builder in substantial performance of the contract; and since the owner had previously paid $1500.00 on the…