Spinella v. B-Neva Inc.

OPINION

Respondents sought damage^ from appellants for breach of contract. A trial without jury resulted in judgment in favor of respondents. Appellants contend the district court erred in (1) interpreting and applying a liquidated damages clause; (2) computing damages; and, (3) failing to order a .new trial. We disagree.

On June 4, 1971, appellant Spinella entered into a construction contract with respondent B-Neva, Inc., respondent Nevada Allied Industries, Inc.’s predecessor in interest. The contract provided for Spinella to furnish the labor and materials required to pave and place drainage…