Pulte Home Corp. v. Woodland Nursery & Landscapes, Inc.
Decision Date | 04 February 1998 |
Docket Number | No. A97A2507,A97A2507 |
Citation | 496 S.E.2d 546,230 Ga.App. 455 |
Parties | , 98 FCDR 549 PULTE HOME CORPORATION v. WOODLAND NURSERY & LANDSCAPES, INC. |
Court | Georgia Court of Appeals |
Wilson, Brock & Irby, Richard W. Wilson, Jr., James S. Teague, Jr., Atlanta, for appellant.
Bross & Saginar, Gary W. Bross, Norcross, for appellee.
Woodland Nursery & Landscapes, Inc. (Woodland) brought the underlying action for breach of contract against Pulte Home Corporation (Pulte). Pulte counterclaimed for breach of contract. After a trial, the jury awarded damages and attorney fees to Woodland and declined to award any set-off damages in connection with Pulte's counterclaim. Pulte appeals the jury verdict contending several errors occurred at trial.
(Citations, punctuation and emphasis omitted.) Albitus v. Farmers, etc., Bank, 159 Ga.App. 406, 407-408, 283 S.E.2d 632 (1981).
In Piedmont Aviation v. Washington, 181 Ga.App. 730, 732(2), 353 S.E.2d 847 (1987), we determined that the ALJ improperly "disbelieved" the claimant's admissions in judicio. We held that (Emphasis in original.) Id.
In the present case, Woodland admitted that it "agreed and consented to perform all of the terms and obligations of the form agreement contained in Exhibit 'A' and the attachments thereto." Exhibit A included two documents entitled "Schedule 'B' Performance Requirements and Specifications." Both of these documents were signed by Amy Mumma. At trial, Woodland was allowed, over Pulte's objection, to present evidence that Mumma did not have authority to sign contracts on behalf of Woodland. Because Woodland admitted that it agreed to the obligations contained in the documents signed by Mumma, Woodland should not have been allowed to present evidence regarding Mumma's lack of authority to sign for it. Woodland's obligation to perform according to the documents was conclusively established by its admission, and it failed to formally move for withdrawal of same. Therefore, the trial court erred in allowing the presentation of evidence contradictory to the admissions. On the record before us, we cannot say that such error was harmless; thus, the judgment must be reversed and the case remanded for a new trial. Due to the trial court's error in allowing evidence contradicting Woodland's admission we must reverse the jury verdict; however, because Pulte's enumerations of error contain issues which could recur upon any retrial of this case, such enumerations will also be addressed.
denying its motion for directed verdict and motion for judgment n.o.v. or new trial. (Punctuation omitted.) Ruben's Richmond Dept. Store v. Walker, 227 Ga.App. 867(1), 490 S.E.2d 536 (1997).
Woodland is a landscaping subcontractor who provided landscaping for certain Pulte developments. The parties entered a subcontractor agreement form covering the work to be performed. Woodland contends that Pulte breached the contract by withholding payment for services properly invoiced thereby justifying their failure to continue providing services under the contract. Pulte contends that Woodland breached the contract by such failure and by performing the services it did provide in a negligent manner. By its responses to Pulte's requests to admit, Woodland admitted that it agreed to certain contract specifications. The evidence was disputed as to whether Pulte's actions in withholding payment breached the terms of the contract. The evidence also created disputes as to whether Woodland breached the contract prior to the alleged failure of Pulte to pay. As the evidence does not demand a judgment contrary to that reached by the jury, we find that the trial court did not err in denying Pulte's motions for directed verdict and judgment n.o.v. or new trial.
3. Pulte enumerates as error the trial court...
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