G & P Electric Co. v. Dumont Construction Co.

This appeal is on a settled statement in accordance with rule 7 of the Rules on Appeal. For convenience, the parties will be designated herein as follows: G & P Electric Company, Inc., as “G & P”; Dumont Construction Company, et al., (a copartnership consisting of James P. Howard, Jr., and Pete Dumont), as “Dumont”; and Harry L. Butzbach and Roberta S. Butzbaeh as “Butzbaehs.”

A résumé of some of the facts is as follows:

G & P Partnership, plaintiff’s predecessor, was engaged by Dumont under a written subcontract to do the electrical work for the contract price of $2,262.

During the course of the work the Butzbaehs, in four separate instances, signed work orders directing G & P to perform additional work (hereinafter referred to as “extras”), which was not included in G & P’s subcontract with Dumont. The first of the four work orders was also signed by Dumont. In each instance the agreed cost of the extras was set forth in the work order.

G & P was not fully paid for its work. In G & P’s first amended complaint it sought in the first cause of action a personal judgment against Dumont and also the imposition of a mechanic’s lien upon Butzbaehs’ property to satisfy the balance…