A & W Contractors, LLC v. Colbert, [Ms. SC-2024-0037, Sep. 13, 2024] __ So. 3d __ (Ala. 2024). The Court (Sellers, J.; Parker, C.J., and Wise, Stewart, and Mitchell, JJ., concur; Cook, J., recuses) reverses the Jefferson Circuit Court’s entry of JML for the Colberts on their breach-of-contract claim against A & W Contractors, LLC (“A&W”).
The elements of a breach-of-contract claim are: “‘(1) the existence of a valid contract; (2) [the plaintiff’s] performance under the contract; (3) the defendant’s non-performance; and (4) resulting damages.’” Ms. *6, quoting Southern Med. Health Sys., Inc. v. Vaughn, 669 So. 2d. 98, 99 (Ala. 1995). In reversing, the Court holds on cross-examination because Mr. Colbert’s admissions revealed inconsistencies regarding the contract’s terms, how he interpreted them, and the resulting consequences of his actions, “the jury must fulfill its traditional role as factfinder” because “even the testimony of a single witness can create conflicts if it is open to different interpretations based on other evidence.” Ms. *12, citing Cloverleaf Plaza, Inc. v. Cooper & Co., 565 So. 2d 1147, 1149 (Ala. 1990).
The Court affirms the judgment entered on the jury verdict on the Colberts’ fraud claims. The Court first holds that A&W failed to object to Mr. Colbert’s testimony about a builder’s warranty or the admission of a text message screenshot and waived any alleged evidentiary error. Ms. **13-14, citing ITEC, Inc. v. Automated Precision Inc., 623 So. 2d 1139, 1140 (Ala. 1993). The Court also holds A&W waived any challenge to the sufficiency of the evidence because it did not move for a JML on the fraud claims at the close of all the evidence. Ms. *14-15.