Foust v. San Jose Construction Co.

Opinion

PREMO, J.

Richard Foust appeals from a judgment entered in favor of San Jose Construction Company, Inc. (San Jose Construction), following a three-day court trial on his claim that San Jose Construction breached a written employment contract. Foust argues that the trial court erred in finding that his written employment contract was subsequently modified. In preparing the record on appeal, Foust elected to proceed without a reporter’s transcript and designated only a partial clerk’s transcript.

San Jose Construction, in addition to arguing the merits of the case, has brought a separate…