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Hopper v. M&B Builders Inc.

No authority supported defendants' contention that a construction foreman's alleged perjury was grounds for a new trial in a builder's suit for breach of a new home construction agreement.

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Cecil and Delores Hopper appeal from the judgment entered on a jury’s verdict in favor of M & B Builders, Inc., in this suit arising from a home construction agreement. We affirm the trial court’s judgment. Viewed in a light most favorable to the verdict, the evidence shows that in 1997 the Hoppers and M & B Builders negotiated for the construction of a home. The parties signed a contract in December 1997 for $305,000, which provided that M & B would obtain the lot and financing, then sell the property to the Hoppers after construction was completed.

During the course of construction, the Hoppers requested certain changes and upgrades to the house. For example, they requested additional windows, more expensive lumber, and a larger garage. Although the upgrades were not in the agreement, M & B complied with the Hoppers’ requests at a cost of an additional $4,211. The Hoppers later refused to pay these costs.

 
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