Griffith Blacktop, Inc. v. Dillon

1977 WL 199114 (1977)

Facts

Community Systems Corporation began negotiations for the development of its property. P reviewed the proposed project and submitted a bid in the sum of $663,000 for excavation, storm sewer, water line, sidewalks, and roads. D signed an agreement on February 25, 1972, to purchase this property from Community Systems. P contracted with D on April 18, 1972, to perform the improvements on the basis of the earlier bid submitted to Community Systems. D legally acquired the property in July 1972. P commenced working in June of 1972 but ceased operations by the end of the following month. D demanded continued performance, but P waited on payment for the services already rendered. On September 14, 1972, D's counsel notified P by letter that the contract was terminated and that P would be paid for the work done. On August 18, 1973, P filed suit to recover $10,018.14 for the services rendered. With the payment of a development bond to P, this claim was reduced to $ 6,868.14. D alleged that P failed to do the work within a reasonable time; (2) certain work had to be redone; and (3) P breached the contract. The trial court directed a verdict in favor of P for the services rendered. The jury ruled for P on D’s counterclaim. D appealed.