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Robison v. George

The self-contradictory testimony rule does not apply to unsworn statements.

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Michael Robison appeals from the trial court’s order granting summary judgment to Stephen George and denying Robison’s cross-motion for summary judgment. Robison contends that George’s breach of contract claim is without merit, and that the evidence establishes that Robison is entitled to summary judgment on his counterclaims for breach of contract and slander. Since the evidence reveals that the parties entered into a binding settlement agreement that was breached by Robison, and that Robison has failed to create any issue relating to his counterclaims, we discern no error and affirm.

Viewed in the light most favorable to Robison, the record reveals that in early October 1998, Robison hired George to perform general contracting and construction work on Robison’s home. Pursuant to their oral agreement, Robison was to pay $20 per hour to George and his workers as well as an additional 10 of labor expenses to pay for insurance. Robison claims that the parties also agreed that George was supposed to provide certain documentation before he would be paid, including receipts for items purchased, time sheets, lien waivers, proof of liability insurance, and a worker’s compensation policy.

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