Gorco Construction Co. v. Stein

Matson, Justice.

Appeal from an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial.

In this action for damages for a breach of a construction contract, issues arise as to whether the trial court erred in instructing the jury (1) that as a matter of law the wife was the agent of the husband and (2) that if a contract was found to exist damages must be awarded to the full amount of the 15 percent of the contract price as stipulated for liquidated damages.

Defendant placed an order with plaintiff’s sales representative for the construction of two garages at…