Cloud v. Riddell

This is an appeal by defendants from a judgment in the amount of $39,877.30. Plaintiff cross-appeals the denial of pre-judgment interest.

Defendants assign as error the trial court’s granting of plaintiff’s motion to amend his pleadings to conform to the proof, denial of defendants’ motion for dismissal with prejudice, finding that defendants failed to prove their counterclaim for lost profits and award in favor of plaintiff.

Plaintiff and defendants entered into an agreement for the fabrication and installation by plaintiff of equipment in a grain warehouse. Plaintiff subcontracted most of the…