## Facts

- Community Systems Corporation planned development of certain property, and Griffith Blacktop, Inc. (Griffith) prepared a bid (reported as $663,000) for excavation and related infrastructure work (including items such as storm sewer, water line, sidewalks, and roads).
- Richard Dillon (Dillon) agreed to purchase the property on February 25, 1972, and later contracted with Griffith on April 18, 1972, for the site-improvement work.
- Griffith began work in June 1972 but stopped by the end of July 1972 and demanded payment for the work already completed before continuing.
- Dillon refused to pay at that time and demanded continued performance.
- On September 14, 1972, Dillon’s attorney sent a letter terminating the contract and indicating Griffith would be paid for the work done.
- Griffith filed suit on August 18, 1973, seeking payment for the value of its work (reported as $10,018.14, later reduced to $6,868.14 after application of a development bond credit).
- Dillon did not dispute the claimed amount as the value of the work performed, but he asserted defenses and a counterclaim alleging Griffith failed to perform within a reasonable time and performed defective work requiring rework, causing Dillon damages that should offset any recovery.
- At the close of the evidence, the trial court directed a verdict awarding Griffith compensation for the undisputed value of the work performed and submitted Dillon’s counterclaim to the jury.
- The jury found Dillon was not entitled to any offsetting damages on his counterclaim.
- Dillon appealed to the Ohio Court of Appeals.

## Issues

1. Whether the trial court properly directed a verdict awarding Griffith the undisputed value of its partial performance after Dillon terminated the contract.
2. Whether Dillon’s allegations of delay and defective work required the payment claim to be decided by the jury rather than by directed verdict.
3. Whether the jury’s rejection of Dillon’s counterclaim for offsetting damages was supported by the evidence.

## Decision

- The Ohio Court of Appeals affirmed the judgment for Griffith.
- The directed verdict awarding Griffith the undisputed value of the work performed was upheld.
- The jury’s verdict denying Dillon any offsetting damages on his counterclaim was upheld.

## Legal Principles

- A directed verdict is appropriate when, construing the evidence most strongly in favor of the nonmoving party, reasonable minds can reach only one conclusion on an essential issue.
- Where a party seeks compensation for work actually performed and the opposing party does not genuinely dispute the amount owed for that work, the court may award that amount as a matter of law, leaving any separate damage claims to be resolved on a counterclaim.
- An owner seeking an offset for alleged delay, defective work, or other breach must prove both breach and resulting damages; unproven allegations do not reduce an otherwise established entitlement to payment for benefits conferred.
- An appellate court will not disturb a jury’s determination rejecting a counterclaim for damages when the record contains evidence supporting the jury’s finding.

## Conclusion

The court upheld a directed verdict requiring Dillon to pay Griffith the undisputed value of the work completed before termination and also upheld the jury’s finding that Dillon failed to prove damages on his counterclaim that would offset Griffith’s recovery.


Griffith Blacktop, Inc. v. Dillon, No. 2580, 1977 WL 199114 (Dec. 14, 1977)