Lafarge Corp. v. Wolff, Inc.

POWERS, Justice.

Wolff, Incorporated sued Lafarge Corporation for breach of contract. A jury returned a verdict in favor of Wolff awarding Wolff $1,380,000 in actual damages and $207,000 in attorney’s fees. The trial court rendered judgment in favor of Wolff for $1,323,911 in actual damages, $63,000 in prejudgment interest, and $207,000 in attorney’s fees for a total of $1,593,911. We will reverse the judgment and remand the cause for a new trial.

THE CONTROVERSY

In 1980, Wolff entered into a “Clay Mining and Delivery Contract” with General Portland, Inc., Lafarge’s corporate predecessor. 1 The…