Tainter v. Graham

CRIST, Judge.

Breach of contract and quantum meruit.

Plaintiffs obtained a jury verdict on breach of contract in the sum of $1,000.00 and on quantum meruit in the sum of $5,100.00. Defendant complains that the jury was not properly instructed. We agree.

Plaintiffs contracted, in writing, to buy ten acres from defendant for $10,000.00, with a down payment of $1,000.00 and the balance to be paid by the plaintiffs’ construction of a road for defendant at $1.50 per lineal foot. The parties disagreed as to the length of the road thereafter constructed by plaintiffs.

Plaintiffs filed suit asking (1)…