Lewin v. Levine

Harley Lewin (plaintiff) contracted with Harmon Levine (defendant), president of Harmon Development, to renovate his house, but grew dissatisfied with Harmon's work and hired another contractor to finish the job after paying Harmon $300,500 under the contract. Lewin sued for breach of contract, and the trial court granted him summary judgment on liability, ordering a trial on damages. At that trial, Lewin presented no evidence showing which part of the $300,500 paid to Harmon covered work never done or done defectively, nor evidence of what he paid the replacement contractor; the trial court nonetheless awarded him the full $300,500, finding Harmon had failed to prove other contractors had been paid to finish the project. Harmon appealed.