M & B CONSTRUCTION CO. v. Mitchell

Plaintiff, Robert L. Mitchell, obtained a judgment entered on a jury verdict in the sum of $26,800 against the defendant, M & B Construction Company, Inc., for breach of contract. Defendant is here on a writ of error to the judgment.

Defendant contends that the trial court erred in refusing to grant certain instructions, in allowing improper evidence to prove plaintiff’s damages, and in not finding as a matter of law an accord and satisfaction.

The evidence shows that M & B Construction Company was engaged in the construction business as a subcontractor and its officers were desirous of…