Estate of Jessee v. White

OPINION

FRANKS, Judge.

Defendant contractor appeals an adverse judgment1 of $9,805.92 for breach of a paving contract. Defendant, on appeal, insists the paving contract was not breached or, in the alternative, the measure of damages applied by the chancellor is improper.

The owners contracted with the defendant to construct a building and pave the surrounding parking lot in Morristown. In 1977, approximately five months after construction had been completed, the asphalt cover began cracking in the travelled areas of the parking lot. Subsequently, the owners repaired the damaged areas at a cost…