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Contract – Breach – Road Construction – Stone Thickness – Damages (access required)

J.T. Russell & Sons, Inc. v. Silver Birch Pond L.L.C. Even using the measure proposed by the plaintiff-contractor - average stone depth - the defendant-developer showed that the contractor failed to abide by the contract requirement that the road be built with a stone depth of eight inches. However, the sum of all of the developer’s evidence of damages is less than the jury’s damages award; therefore, the contractor is entitled to a new trial on damages.

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