D. W. Ward Construction Co. v. Adams

BECTON, Judge.

Plaintiff D. W. Ward Construction Company, Inc. (Ward Construction) brought this breach of contract action against defendants Dolph 0. Adams and Jean S. Adams to recover damages in the amount of $43,046.32 under a construction contract. In the alternative, Ward Construction sought to recover damages in the same amount under a theory of implied contract. A jury found that Ward Construction had not substantially performed its obligations under the contract but, nevertheless, awarded Ward Construction $36,500 in damages. Defendants appeal. We remand for a new trial.

I

Ward…