James V. Argutto v. J.P. Hunter Co., Inc.
Andrea Camacho secured a defense verdict in favor of our client, J.P Hunter, Co. Inc., in a breach of contract claim, where plaintiff James Argutto, alleged negligent performance of roof replacement work along with claims that J.P. Hunter breached the terms of the agreement. After securing dismissal of the negligence claim via summary judgment, the breach of contract claim was tried before a jury. Upon determining that J.P. Hunter, Co. Inc. did not breach the terms of the agreement for roof replacement work, the jury credited proof establishing that plaintiff Argutto impermissibly rescinded the contract by refusing to pay for the balance of the contract price after the alleged damage was discovered. We proved that J.P. Hunter, Co. Inc. substantially performed its obligations under the agreement and the alleged breach of the contract terms, requiring weather proof temporary protection, was immaterial to the overall terms of the agreement. In light of such proof, plaintiff Argutto breached his obligation to the contract, thereby resulting in the jury’s dismissal of the breach of contract claim.