Opinion
Docket No. 7877.
Decided December 4, 1970.
Appeal from Macomb, Walter P. Cynar, J. Submitted Division 2 November 5, 1970, at Detroit. (Docket No. 7877.) Decided December 4, 1970.
Complaint by Norman and Marcella Good against Marrocco Building Company for damages for breach of contract. Judgment for plaintiffs. Defendant appeals. Affirmed.
Wesley J. Roberts, for plaintiffs.
Robert J. Hribar and Joseph E. Mihelich, for defendant.
Plaintiffs Norman and Marcella Good brought this action for breach of contract and recovered a judgment of $2,000 against defendant Marrocco Building Company. Defendant appeals as of right.
The first issue on appeal questions the sufficiency of the evidence establishing the breach of contract. Examination of the transcript shows that sufficient evidence was presented to support the trial court's finding of fact that the contract was breached. This Court will only reverse findings of fact which are clearly erroneous. GCR 1963, 517.1; Burke v. Gaukler Storage Company (1968), 13 Mich. App. 536.
Defendant also questions the competency of plaintiff's expert witness whose testimony established the amount of damages sustained. It is within the discretion of the trial court to determine the qualifications of an expert witness. This Court will not interfere absent clear abuse. Accetola v. Hood (1967), 7 Mich. App. 83. We find no abuse of discretion.
Affirmed. Costs to plaintiffs.