McCoy v. Gibson
| Docket Number: | 2001-CA-01700-COA Linked Case(s): 2001-CA-01700-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-04-2003 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contract - Material breach - Damages Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving and Myers, JJ. Non Participating Judge(s): Griffis, J. Procedural History: Jury Trial Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 09-28-2001 Appealed from: RANKIN COUNTY CHANCERY COURT Judge: Thomas L. Zebert Disposition: FINAL JUDGMENT FOR GIBSON AND AGAINST MCCOY IN THE AMOUNT OF $18,046.79. Case Number: 48,020 (Z) |
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| Party Name: | Attorney Name: | |||
| Appellant: | JON C. MCCOY D/B/A MCCOY HOMES |
PAUL E. ROGERS |
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| Appellee: | PHIL GIBSON AND PENNY GIBSON | SHELDON G. ALSTON |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Contract - Material breach - Damages |
| Summary of the Facts: | Jon C. McCoy d/b/a McCoy Homes entered into a contract with Phil and Penny Gibson to construct a home. When a disagreement arose between the parties over McCoy's job performance, McCoy discontinued his duties, and the Gibsons withheld payment. McCoy filed a statutory notice of construction lien for $18,500 with the chancery clerk of Rankin County. The Gibsons then filed a complaint for breach of contract, and McCoy filed a counterclaim. The court found that McCoy breached the contract and awarded the Gibsons $18,046.79 in damages. McCoy appeals. |
| Summary of Opinion Analysis: | Issue 1: Breach McCoy argues that the court erred in finding that he had breached the contract by performing substandard work. Material breach is a failure to perform a substantial part of the contract or one or more of its essential terms or conditions, or if there is such a breach as substantially defeats its purpose. A building official inspected the home and testified to "substandard" construction. Additionally, the evidence included approximately twenty-five photographs of structural work asserted to be defective. Therefore, the finding that McCoy breached his duty to perform the construction in a workmanlike manner is well supported by the evidence. Issue 2: Damages McCoy argues that the court erred in finding that the Gibsons had suffered $18,046.79 in damages. The record contains substantial evidence showing the calculation of damages was not speculative, but based upon testamentary and documentary evidence. |
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