ORAL CONTRACT UPHELD ON COST
publication date: Jul 18, 2004
The appellate court upheld the trial court’s judgment for an electrical company on a breach of contract claim that arose after nonpayment of invoices. The parties disagreed on whether the contract, which was oral, was a cost-plus, time and materials contract, or a fixed-price-within-a-range contract. The decision of both courts was based on the weight and creditability of the evidence, specifically, the invoices and witness testimony.
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