McCRAY v. MURRAY

No. AM-218.

423 So.2d 559 (1982)

L.J. McCRAY, Appellant, v. Wilbur G. MURRAY and Jeannette Murray, His Wife, Appellees.

District Court of Appeal of Florida, First District.

December 15, 1982.


Attorney(s) appearing for the Case

S. Austin Peele of Darby, Peele, Page & Bowdoin, Lake City, for appellant.

James J. Taylor, Jr., of Wahl & Gabel, Jacksonville, for appellees.


MILLS, Judge.

McCray, defendant below, asserts that the trial court improperly instructed the jury on the issue of damages in this breach of contract case and that he should be granted a new trial on that issue. We disagree and affirm.

In 1972, Murray entered into an oral contract with McCray whereby McCray was to construct a fish pond on Murray's property. In return for constructing the pond, McCray was to receive the dirt from the excavation which he could...

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