Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)

Citation: Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)
Parent Document: Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)
Jurisdiction: Vermont (state)
Effective Date: 2005-01-14
Original Source: https://www.courtlistener.com/opinion/8209845/fletcher-hill-inc-v-crosbie/ ↗

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¶ 26. The court submitted six interrogatories to the jury. The jury was first asked whether plaintiff substantially performed the contract — defined in the instructions as an approximation of complete performance such that any defects “are not so serious as to deprive the owner of the intended use of the property” — and it answered “yes” to that question. It was then asked the amount plaintiff was owed under the contract — defined in the instructions as “the amount due under the contact minus a fair allowance for defects or omissions in performance” — and the jury answered “$15,067,” the exact amount plaintiff claimed was due it under the contract. In response to question three, it found that defendant “breach[ed] the contract by not paying the Plaintiff the amount reasonably due it under the contract.” The jury went on to deal with defendant’s counterclaim, finding plaintiff breached “by not performing in a workmanlike manner at least in *87part” and that the sum necessary to remedy any defects and omissions in.plaintiff’s performance was $4,000. .

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