Overby v. Barnett

NEBEKER, Associate Judge.

This breach of contract action was dismissed, sua sponte, by the trial court on the third day of trial.1 The action arose from a dispute over the adequacy of performance of a contract for construction of a residence in the District of Columbia. The builder-appellee filed the complaint asserting incomplete payment by the owners-appellants. The owners filed an answer and counterclaim asserting improper construction by the builder and damages resulting from depreciation and the necessity to make repairs. The builder denied the material allegations in the counterclaim by…