Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)

Citation
Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)
Parent Document
Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-01-14

Other Sections in This Document (57)

Full Text

1,008 chars
¶ 43. Plaintiff in this case sought the remaining contract price of $15,067. The jury verdict gave it $11,067,73% of the requested amount. In her answer and counterclaim, defendant sought three aspects of monetary relief: (1) a defendant’s verdict on plaintiff’s claim so plaintiff would not recover; (2) unspecified damages to put the house into the condition promised by the construction contract; and (3) damages in the amount of $15,000 for the items that could not be repaired. There was no monetary figure attached to the second aspect of the damages, but the complaint itemized sixteen separate deficiencies that needed to be corrected, including resetting the house on the foundation. Although we cannot assign a precise percentage to the extent of defendant’s counterclaim recovery in relation to her demand, it is obviously a very small percentage. Under any view of the term, and accounting for the discretion of the trial judge in applying the facts to the law, plaintiff substantially prevailed.