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DONALD C. DOUGLASS AND REGINA M. DOUGLASS v. LICCIARDI CONSTRUCTION COMPANY (08/14/89)

decided: August 14, 1989.

DONALD C. DOUGLASS AND REGINA M. DOUGLASS, HIS WIFE, APPELLEES,
v.
LICCIARDI CONSTRUCTION COMPANY, INCORPORATED, A PENNSYLVANIA CORPORATION, A/K/A FOXCHASE, APPELLANT



Appeal from Judgment of the Court of Common Pleas, Civil Division, of Westmoreland County, No. 6252 of 1986.

COUNSEL

David B. Reiss, Connellsville, for appellant.

Amy E. Hewitt, Latrobe, for appellees.

Wieand, Kelly and Hester, JJ.

Author: Wieand

[ 386 Pa. Super. Page 294]

In this action on a building contract, the jury found that the contract had been breached by the builder, Licciardi Construction Company (Licciardi), and awarded damages to the owners, Donald Douglass and Regina Douglass, in the amount of fifteen thousand ($15,000) dollars. After post-trial motions had been denied and judgment entered on the verdict, Licciardi appealed.

The case was submitted to the jury on special interrogatories. In response thereto, the jury found that appellant had failed to construct a residential dwelling for appellees in accordance with the parties' contract and had performed some of the construction in a defective and unworkmanlike manner. The jury found further that the cost of correcting the defects and completing construction as agreed was fifteen thousand ($15,000) dollars. In answer to another interrogatory, the jury found that the dwelling house would

[ 386 Pa. Super. Page 295]

    have had an increased market value of fifteen thousand ($15,000) dollars if it had been constructed according to the terms of the contract. Appellant contends that the jury's award of damages was unsupported by the evidence and contrary to law.

The general measure of damages in breach of contract cases is set forth in Restatement (Second) of Contracts § 347 as follows:

Subject to the limitations stated in §§ 350-53, the injured party has a right to damages based on his expectation interest as measured by

(a) the loss in the value to him of the other party's performance caused by its ...


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