Luther Williams, Jr., Inc. v. Johnson

229 A.2d 163 (1967)

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Nature of the Case

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Facts

Johnson (D) signed a contract for remodeling and indicated to P that he would supply his own financing. P advised D he could supply the financing, however, D refused that offer. D informed P that the down payment would be made in a few days, but it never was as the bank financing was never obtained. D then informed P that he had obtained another contractor to do the work. P then sued D for liquidated damages of $670. D testified that he thought the contract was an estimate and that they work would depend on his obtaining bank financing. P objected under parol evidence, and the objections were overruled. The jury gave the verdict to D and P appealed.