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

Sullivan (P) and Bullock (D) entered into a contract to remodel P's kitchen. The work was not started on time, but that was assented to. The work performed was not workmanlike, and P did not convey this dissatisfaction to D. Extra costs incurred were not approved by P and P refused D the opportunity to finish the job. D presented P with a final bill of $2,956.40. P sued D for $19,703 to fix the poor work that D had done, and P countered for his bill. The jury found that D had not substantially performed but that he was prevented from performing by P. The jury gave D the verdict on the bill. P moved for judgment n.o.v. or a new trial. That was denied. P appealed.

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