J.T. Russell & Sons, Inc. v. Silver Birch Pond L.L.C.

CALABRIA, Judge.

J.T. Russell and Sons, Inc. (“plaintiff’) appeal from a judgment entered upon a jury verdict finding that plaintiff breached a contract with Silver Birch Pond, L.L.C. (“defendant”) and requiring plaintiff to pay $370,765.82 for this breach. We find no error in part and award plaintiff a new trial on the issue of damages.

*292I. Background

Plaintiff is an asphalt paving contractor located in Albemarle, North Carolina. Defendant is a real estate developer. On 14 December 2007, plaintiff and defendant entered into a contract (“the paving contract”) whereby plaintiff agreed to pave the…