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

Four contracts were entered into between P and D wherein P was to perform construction work and be paid in weekly progress payments with 10 percent being held back until 10 days after acceptance. Eventually, D terminated the work by P. P did $52,571.25 in work and was paid $41,368.05 with holdback and $6,606.75 improperly taken by D. P sued D for payment and the trial court found that $4,747.25 was improperly taken by D and decreed that amount to P and in addition the court awarded P the $4,596.45 retained by D under the agreement. The court ruled that P substantially performed and that many of the contract delays were caused by D and that P was also entitled to quantum meruit upon work completed for free based on promises by D to procure more work for P. D appealed.

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