This section contains the nature of the case and procedural background.

Carrig (P) hired Gilbert Varker Corp. (D) to build 35 houses at a fixed price per house. D quit after he built 20. P had the project completed and sued for the difference in the price to finish the last 15 homes and other defects in the 20 completed homes. The trial court held D in breach, and awarded damages of $9,935 to P. D sued to recover the monies it had not been paid on the 20 homes that it did build. P appealed.

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