Woodruff v. Johnson

• Court: Alabama Supreme Court
• Writing for the Court: SHORES; HORNSBY
• Citation: Woodruff v. Johnson, 560 So.2d 1040 (Ala. 1990)
• Decision Date: 09 March 1990
• Parties: James WOODRUFF v. Edlee JOHNSON. 88-1361.

Page 1040

560 So.2d 1040

James WOODRUFF v. Edlee JOHNSON.

88-1361.

Supreme Court of Alabama.

March 9, 1990.

Robert H. Turner, Marion, for appellant.

Frank R. Farish, Birmingham, for appellee.

SHORES, Justice.

This is an appeal from a judgment entered on a $25,000 jury verdict in a breach of contract action. The defendant contends that the judgment must be reversed due to the trial court's failure to grant his motion for a directed verdict or a judgment notwithstanding the verdict. We affirm.

In February 1985, Edlee Johnson contacted a home builder, James Woodruff, and inquired whether he could build a new house for her. After examining house plans and discussing Johnson's housing needs, Woodruff and Johnson agreed that Woodruff would build a four-bedroom, three-bath house for $80,000, and they entered into a written contract. Johnson testified that she paid $80,000 to Woodruff for the house.

Johnson moved into the house when the construction was nearly completed, and upon doing so discovered numerous deficiencies. Some of the major deficiencies Johnson cited to the court include the following: chipped exterior bricks; a 10 1/2 inch

crawlspace instead of the 24-inch

crawlspace provided for in the building plans; rainwater falls into the fireplace and wind blows smoke from the fireplace into the house; the windows do not close completely; there was a leak in one of the bathrooms; and the wallpaper is peeling away from the walls. Johnson testified about several other problems with the house, and stated that, although she telephoned Woodruff's office three or four dozen times, he failed to correct the problems. An architectural engineer inspected Johnson's house and testified at trial about the repairs that needed to be made and about the estimated costs of these repairs.

On January 8, 1987, Johnson sued Woodruff, alleging breach of contract and fraud. Johnson also named the supplier of the exterior brick as a defendant, but she settled with that defendant before trial. After Johnson presented her evidence, Woodruff moved for a directed verdict on both counts. The trial court directed a verdict on the fraud count only. After hearing all of the evidence, the jury returned a $25,000 verdict in favor of Johnson on the breach of contract claim. Woodruff filed a motion for new trial or, in the alternative, for a judgment notwithstanding the verdict (JNOV). The trial court denied the motion, and Woodruff appealed.

Woodruff raises only one issue on...