Ii Deerfield Limited Parnership v. Henry Building

II Deerfield Limited Partnership ("Deerfield") appeals a judgment in favor of Henry Building, Inc. ("Henry Building") based on a jurys finding that Deerfield breached a settlement agreement. Deerfield presents five issues in its brief, contending: (1) the evidence is legally and factually insufficient to support the jurys finding that Deerfield breached the settlement agreement; (2) Deerfield was excused from performance by Henry Buildings breach of the settlement agreement; (3) Deerfield is entitled to a credit for monies paid to subcontractors and suppliers under the doctrine of equitable subrogation; (4) Deerfield made a perfect tender, precluding recovery of attorneys fees; and (5) the trial court erred in excluding evidence of the prior criminal convictions of Tom Gaubert, an employee of Henry Building. Henry Building filed a cross-appeal, claiming that the trial court erred in reducing the jurys verdict by $31,500. We overrule each of Deerfields issues but sustain the issue raised by Henry Building in its cross- appeal. Accordingly, we reverse that portion of the trial courts judgment reducing the jurys verdict by $31,500 and render judgment for the full amount of damages awarded by the jury, and we affirm the remainder of the trial courts judgment.