City of Atlanta v. Conner

Ellington, Judge.

The City of Atlanta appeals from the trial court’s judgment awarding homeowner Lavonia Conner $100,000 in this contract dispute. Because the trial court used an improper measure of damages that resulted in a windfall to the appellee, we vacate the award and remand for a recalculation of damages.

The record shows that Conner owned a small, wood frame house in southeast Atlanta. The 1,100-square-foot house was approximately 80 years old and had outdated plumbing, heating, and electrical systems. In 1990, the roof began to leak. A portion of the roof collapsed in 1994, making the…