Oral Contract Dispute

Okunfulure hired Ortiz to build a masonry wall along the front of his house.  Ortiz sued Okunfulure, claiming he was not fully paid according to the parties’ oral agreement.  Okunfulure counterclaimed, alleging Ortiz’s performance was deficient.  The trial court found in favor of Ortiz and dismissed Okunfulure’s counterclaim with prejudice.  Okunfulure appealed, and the court of appeals affirmed the trial court’s judgment.  The parties disagreed on the amount Ortiz was to be paid, but the court of appeals held that a reasonable fact finder could have believed Ortiz’s testimony that Okunfulure failed to pay him $1250.  The parties also gave conflicting testimony on whether Ortiz advised Okunfulure to build a foundation below the masonry wall to prevent deterioration, but the court of appeals again concluded that a reasonable fact finder could have believed Ortiz warned Okunfulure about the foundation.  Thus, the court of appeals held that the evidence was legally sufficient to support the trial court’s judgment.

Okunfulure v. Ortiz, No. 05-12-01045