Womack Industries, Inc. v. Loadstar, Inc.

Pope, Judge.

Plaintiff Womack Industries, Inc. was the general contractor for the construction of an apartment complex. It entered into a subcontract with defendant Loadstar, Inc. for the construction and supply of certain prefabricated structural elements. Womack Industries, Inc. and Virgil Womack, the corporation’s owner, filed an action against defendant alleging, inter alia, breach of contract. Defendant counterclaimed for the amount allegedly remaining unpaid under the contract. After the first trial of the case resulted in a verdict awarding neither party damages, the trial court granted…