Englebert v. Ryder

This is an action for damages for breach of contract. Trial to a jury resulted in a verdict and judgment for plaintiff for $1,500 as prayed in his complaint. Thereafter a motion for new trial was made and denied. Defendant has appealed.

In view of the result below, under settled principles, the facts are stated in the light most favorable to plaintiff.

The plaintiff is a plumbing and heating contractor of Rapid City, South Dakota. The defendant is a general construction contractor of Gordon, Nebraska.

At a letting on November 14, 1956, defendant was awarded the contract to construct an addition…