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Chacon v. Holcombe

The evidence did not authorize the jury's general award of $42,690.05 to the plaintiff for money he claimed was due on an oral agreement for him to perform general contractor services on the construction of the defendant's residential property.

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William Holcombe sued Victoria Chacon to collect payment claimed due on an alleged oral agreement for Holcombe to perform general contractor services on construction of residential property owned by Chacon. A jury rendered a verdict in favor of Holcombe, and Chacon appeals claiming: 1 that there was no evidence to support a finding by the jury that a contract existed between the parties; 2 that, even if there was evidence of a contract between the parties, the jury’s verdict exceeded the evidence of damages arising from breach of the contract, and 3 that there was no evidence to support the jury’s award of attorney fees to Holcombe. We conclude there was evidence to support a finding by the jury that a contract existed between the parties, but we agree with Chacon that the jury’s verdict on the breach of contract claim was in excess of any recovery authorized by the evidence. Accordingly, the judgment entered on the verdict must be reversed, and Chacon is entitled to a new trial.

1. Holcombe testified that he and Chacon orally agreed that he would perform general contractor services on the construction of two residences, and that Chacon would pay him 15 percent of the cost of labor and materials used in the construction. Although Chacon disputed this testimony, Holcombe’s version of events provided a sufficient basis for the jury to find that the parties agreed on the terms of an oral contract. Eggleston v. Johnson , 240 Ga. App. 709-710 524 SE2d 761 1999.

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