Ernest W. Hahn, Inc. v. Nort-Cet Corp.

In January 1968 plaintiff and defendant entered into a written contract pursuant to which plaintiff was to demolish an existing structure and build a market. The contract price was $234,833. It is clear from the record—which obviously is just the tip of the iceberg—that difficulties of one kind or another arose between the parties. Eventually plaintiff sued defendant in the municipal court for $4,114—the precise amount of the judgment recovered more than two and one-half years later in the superior court—claiming that the contract price had been $238,947 and admitting payment of $234,833. What plaintiff concededly proved, however, was an original contract in the sum of $234,833 modified, according to the findings, by three written amendments, also called “extras” or “change orders,” totaling $4,114. The sufficiency of the evidence to support the findings and the judgment is not challenged; nor is it claimed that the trial court committed error during the trial. Indeed, we have no record of the actual trial proceedings.

In the intervening 32 months during which this action was pending below, the parties had filled the file with just about every pleading and motion known…