Whaley v. Parson
| Docket Number: | 2010-CA-00020-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-28-2011 Opinion Author: Irving, P.J. Holding: Affirmed as modified |
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| Additional Case Information: |
Topic: Contract - Breach - Damages Judge(s) Concurring: Lee, C.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Concur in Part, Concur in Result 1: Griffis, P.J. Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 11-18-2009 Appealed from: Warren County Circuit Court Judge: Isadore Patrick Disposition: DENIED POST-TRIAL MOTION Case Number: 08,0029-CI |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Charity Hohm Whaley |
B. RAY THERRELL II |
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| Appellee: | Freddie Parson d/b/a Parson Construction Company | WREN C. WAY | ||
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 - Breach - Damages |
| Summary of the Facts: | Charity Whaley hired Freddie Parson, doing business as Parson Construction Co., to do a variety of repairs to a historic outbuilding that Whaley owns. After completing the majority of the repairs, Parson refused to replace a number of windows on the building, claiming that he could not afford to do so. Whaley filed a complaint against Parson, asking for $25,000 in damages as a result of Parson’s breach. The county court found that Parson had breached the contract but awarded Whaley only $1,500 in damages. Whaley appealed to circuit court which affirmed. Whaley appeals. |
| Summary of Opinion Analysis: | When Parson went to buy the windows to install in the outbuilding, the company that was making the windows, Vicksburg Woodworks, demanded $5,350 for the windows instead of $1,712, which had been quoted to him by the company. Parson testified that he simply could not pay Vicksburg Woodworks the additional money. Ultimately, Parson refused to install the windows on the outbuilding. The county court found that the only evidence of the cost of the windows was Parson’s testimony, which was based on the initial estimate that Vicksburg Woodworks gave him. This finding completely ignores the invoice that Vicksburg Woodworks gave Parson when he attempted to buy the windows. That invoice valued the windows at $5,350. Thus, the overwhelming evidence showed that the windows could not be obtained for less than $5,350. Had the work been completed, Whaley would have owed Parson another $2,000. Also, there is no error in the county court’s assessment of $500 against Parson to compensate Whaley for the deficiencies in his other work. The county court’s judgment is affirmed but modified. Judgment is entered against Parson in the amount of $3,850, plus 8% interest. This amount represents $5,350 for the windows, plus $500 for the other deficiencies, minus the $2,000 that Whaley never paid on the contract. |
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