Appeal Regarding Proof of Tacit Contract Modification Upheld

A party, alleging a breach of contract regarding the execution of work, appealed a decision that dismissed their claim, arguing the lower court failed to adequately assess the evidence presented to prove the existence of a tacit agreement modifying the original contract terms. The highest court rejected the appeal, reasoning that the lower court, having correctly identified the factual issue concerning the alleged subsequent agreement, was free to determine, based on its appreciation of the evidence presented, that the party had not sufficiently established the factual elements necessary to support the existence of such a modification.