Howard Construction Co. v. Jeff-Cole Quarries, Inc.

NUGENT, Judge.

This case arose out of an action brought by Howard Construction Company (hereinafter “Howard Construction” or “Plaintiff”) against Jeff-Cole Quarries, Inc. (hereinafter “Jeff-Cole” or “Defendant”), seeking damages on a breach of contract theory (Count I), or in the alternative, a promissory estoppel theory (Count II). The trial court granted summary judgment in favor of defendant on both Counts. Plaintiff contends on appeal that the trial court (1) erred in granting defendant’s motion for summary judgment as to Count I because defendant failed to meet the burden of proof under…