Jim Pratt v. J.W. Gibson D/B/A J.W. Gibson Co.

This appeal involves competing claims for breach of contract. J.W. Gibson d/b/a J.W. Gibson Company ("Defendant"), entered into an oral contract with Pratt Masonry Company ("Pratt Masonry") for Pratt Masonry to furnish masonry work on a house. When the work was completed, Defendant refused to pay, claiming the masonry work was so defective that all the bricks had to be removed and replaced. Pratt Masonry filed suit seeking payment for the work performed under the oral contract. Defendant counterclaimed for damages incurred in having to remove and replace the bricks. The Trial Court concluded Pratt Masonry breached the contract by performing  substandard masonry work, but Defendant failed to prove it was necessary to remove and replace all the bricks. Both parties appeal. We modify the judgment of the Trial Court and remand.