Zolan A. Wilkins v. James Bain

This is a breach of contract case. Based on a jury verdict, the court awarded subcontractor Bain judgment for labor done and materials furnished, less a deduction to general contractor Wilkins for his cost of completion. The jurys findings were based on evidence offered in support of an oral agreement, contrary to the terms of a subsequent written agreement. The principal question is whether a prior oral or subsequent written contract controls. We conclude that the provisions of the oral agreement were merged into or superseded by the subsequent written contract which therefore controls. We also find that proper damages under the written contract are calculable and affirm on condition that Bain file a remittitur in the amount of $21,646.50.