Pauling v. Rountree

CLEMENS, Commissioner.

In this breach of contract action the plaintiff got a $5,025 verdict and judgment for loss of profits. The defendant appeals.

Plaintiff pleaded a written agreement by which the defendant hired him to paint 91 apartment units at $323 each; that plaintiff had painted and been paid for 24 units when the defendant hired another painter who painted the remaining 67 units, this resulting in plaintiff’s loss of $5,561 profits. By his counterclaim the defendant admitted the written agreement but claimed $10,000 damages for defective workmanship on the 24 completed units.

The…