Healy

Plaintiffs and cross-defendants (hereinafter referred to as “appellants” ), after trial before a jury, appeal from a judgment in the sum of $61,108.05, plus $16,000 for attorneys’ fees as an item of costs, entered in favor of defendant and cross-complainant (hereinafter referred to as “respondent”) in an action to recover on a construction subcontract.

Facts: August 26, 1958, appellants entered into a contract with the County of Los Angeles for the complete construction of an airstrip at the General William J. Fox Airfield in Lancaster, California.

Part of the required work consisted of clearing and grubbing the job site and building a dirt embankment of subsoil for the airstrip. In June 1958, prior to the execution of the prime contract, appellants called respondent's office to inquire if he would be interested in bidding for the subcontract for the clearing, grubbing, and embankment work. The call was received by respondent’s son, Donald Eugene Brewster.

After taking the call, Donald went to appellants’ office in Palmdale, California, and talked with Mr. Doyle Hallam. Thereafter he and Mr. Hallam went to the site of the prospective airport project, which was then merely open…