Koedding v. N.B. West Contracting Co.

DOWD, Presiding Judge.

Appellants sued respondent for breach of respondent’s contract to perform certain asphalt paving work. The trial court found a subsequent agreement to guarantee the work was not supported by consideration and entered judgment against appellants upon their petition and against respondent upon its counterclaim.

The parties’ contract obligated respondent to first excavate and patch certain broken areas of appellants’ parking lot and then to resurface the entire parking lot. The agreed price for the work was $9,004.10.

The respondent’s evidence was that appellants’ parking lot…