Monteith v. Story

Gregory, Justice.

Petitioner Monteith sued Story for breach of a contract to build a home. The jury returned a verdict in Monteith’s favor in the amount of $130,000 damages, and “up to $10,000” in attorney fees. In denying Story’s motion for new trial, the trial court stated, “Considering the general grounds for a new trial this court has determined that it should not exercise any discretion that it may have to write off a portion of the damages or give defendant a new trial on the general grounds. However, in ruling on this motion for new trial, this court has reviewed the transcript…