Rust & Martin, Inc. v. Ashby

PREWITT, Judge.

The principal issue tried was whether plaintiff, who sought recovery of the balance of a contract price from defendants, breached that contract by improperly installing a herringbone pattern Permagrain floor. A jury verdict denied plaintiff any recovery and awarded defendants $3,500 on their counterclaim for breach of contract due to defective performance. Judgment was entered in accordance with the verdict. Plaintiff appeals.

Defendants entered into an agreement with plaintiff for the floor’s installation as a part of the remodeling they were doing to their home. The floor was…