New Bellum Homes, Inc. v. Giffin


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Docket Number: 1998-CT-00417-SCT
Linked Case(s): 1998-CA-00417-COA
Supreme Court: Opinion Date: 02-01-2001
Opinion Author: McRAE, PRESIDING JUSTICE
Holding: Affirmed in Part, Reversed in Part
Additional Case Information: Judge(s) Concurring: PITTMAN, C.J., BANKS, P.J., SMITH, MILLS, DIAZ AND EASLEY, JJ.
Non Participating Judge(s): WALLER, J.
Dissenting Author : COBB, J.
Procedural History: Bench Trial
Nature of the Case: Contract
Trial Court: Date of Trial Judgment: 02-10-1998
Appealed from: RANKIN COUNTY CIRCUIT COURT
Judge: Robert Goza, Jr.
Disposition: The trial judge found that a balance of $60,850 was owed under the contract and that the Giffins were liable to New Bellum in the amount of $29,658.70 for cost overruns, changes and extras, for a total of $90,508.70. The judge also found that New Bellum was liable to the Giffins for credits in the amount of $10,384, claims in the amount of $36,647.45, compensation for defective mortar joints and other brick problems in the amount of $22,500 and interest paid on the construction loan in the amount of $4,938.08, for a total setoff of $74,469.53. Final judgment in the amount of $16,039.17 was entered for New Bellum against the Giffins. On direct appeal the Court of Appeals affirmed in part, reversed and rendered in part, and reversed and remanded in part.
Note: THE JUDGMENT OF THE COURT OF APPEALS IS AFFIRMED EXCEPT AS TO THE DRAINAGE ISSUE WHICH IS REVERSED AND THE JUDGMENT OF THE RANKIN COUNTY CIRCUIT COURT IS REINSTATED.
  Party Name: Attorney Name:  
Appellant: NEW BELLUM HOMES, INC.




 W. E. GORE, JR. PAUL E. ROGERS



  
Appellee: KEITH AND BILLIE JEAN GIFFIN VERNON H. CHADWICK  


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