La Velle v. De Luca

The brief of De Luca raises five questions which may be telescoped into two: (1) Is there sufficient evidence to sustain the court’s finding of the nature of the contract entered into by La Velle and De Luca for the remodeling of the restaurant and cocktail lounge; and (2) is there sufficient evidence to support the trial court’s findings of the amounts due La Velle, Cudahy, and Schuster?

At the outset we point out the well-established appellate rule that unless the findings of the trial court are against the great weight and clear preponderance of the evidence they should not and will not he…