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541 So. 2d 569

Berry v. Morris

Court of Civil Appeals of Alabama

Decided March 22, 1989

Court of Civil Appeals of Alabama · decided 1989-03-22

Cited by 2 later decisions — most recently November 1992

2 state decisions

Key passage — most relied on by later courts

“"[T]he uncertainty which prevents a recovery is uncertainty as to the fact of the damage and not as to its amount and . . . where it is reasonably certain that damage has resulted, mere uncertainty as to the amount will not preclude the right to recovery or prevent a jury decision awarding damages. This view has been sustained where, from the nature of the case, the extent of the injury and the amount of the damage are not capable of exact and accurate proof. Under such circumstances, all that can be required is that the evidence — with such certainty as the nature of the particular case may permit — lay a foundation which will enable the trier of facts to make a fair and reasonable estimate of the amount of damage. The plaintiff will not be denied a substantial recovery if he has produced the best evidence available and it is sufficient to afford a reasonable basis for estimating his loss. "”

quoted by 1 later decision, including Ricwil, Inc. v. S.L. Pappas and Co., Inc.

“damages for breach of contract need not be assessed with mathematical precision.”

quoted by 1 later decision, including Ricwil, Inc. v. S.L. Pappas and Co., Inc.

Relies on United Bonding Insurance Co. v. WS Newell, Inc. · 423 So. 2d 252 - Farmer v. Strother · 371 So. 2d 660 - Wiggins v. McLeod

Good law ✅— No negative treatment on recordhow we know

Decided 1989-03-22

View the full empirical analysis of this case →

ROBERT P. BRADLEY, Retired Appellate Judge.

¶1The plaintiffs appeal from a judgment of $375 rendered in their favor on the ground that the judgment is not supported by the evidence.

¶2Henry and Rita Mae Berry filed an action in the District Court of Barbour County against Billy Morris seeking damages for a breach of a house remodeling contract. The cause was transferred to the Circuit Court of Barbour County, where a jury trial was held and a verdict rendered in favor of plaintiffs for $375. After a judgment for said amount was filed, the plaintiffs moved for a new trial, mainly on the ground that the verdict and judgment are unsupported by the evidence. We disagree and affirm the trial court’s judgment.

¶3A jury verdict is presumed to be correct, and the refusal of the trial court to grant a new trial because of the insufficiency of the evidence strengthens the presumption of correctness. Wiggins v. McLeod, 371 So.2d 660 (Ala.1979).

“Damages for breach of contract need not be assessed with mathematical precision. United Bonding Ins. Co. v. W.S. Newell, Inc., 285 Ala. 371, 232 So.2d 616 (1970). Mere uncertainty as to the amount will not preclude the right to recovery or prevent a decision awarding damages. All that is required is that the evidence, with as much certainty as the situation permits, lay a foundation with which the trier of fact may make a fair and reasonable estimate of the amount of damages. 22 Am.Jur.2d 44, Damages § 25 (1965), quoted with approval in United Bonding Ins. Co. v. W.S. Newell, Inc., supra.”

¶4Farmer v. Strother, 423 So.2d 252 (Ala.Civ.App.1982).

¶5The evidence shows that the plaintiffs contracted with defendant to do some remodeling on their house. The work was done and the defendant was paid the amount called for in the contracts. Later, plaintiffs advised defendant that several items of work were either not completed or were improperly completed, and requested that he return and finish the job. The defendant did not respond to plaintiffs’ request to properly finish the job.

¶6*570The evidence relating to the value of the repairs necessary to satisfy plaintiffs’ complaints was in sharp conflict. The plaintiffs produced a witness who testified that it would cost $11,305 to correct the problems resulting from defendant’s work. The defendant testified that some of plaintiffs’ complaints were not items of work for which he should be held responsible, and that the items for which he admitted responsibility were valued from $125 to less than $500.

¶7The jury verdict of $375 falls within the scope of the testimony adduced at trial. Consequently, we cannot say that the verdict is not supported by the evidence.

¶8The judgment of the trial court is affirmed.

¶9The foregoing opinion was prepared by Retired Appellate Judge ROBERT P. BRADLEY while serving on active duty status as a judge of this court under the provisions of section 12-18-10(e), Code 1975, and this opinion is hereby adopted as that of the court.

¶10AFFIRMED.

All the Judges concur.
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