Harris

Nomellini Construction Co., hereafter called Nomellini, plaintiff and respondent herein, was the successful bidder for the construction of a public housing project in San Joaquin County designated CAL 24-6. It entered into a subcontract with the defendant, cross-complainant and cross-defendant Paul C. Harris, doing business as Harris Pence Co., shortened to Harris in this opinion, to supply and install the fence work and the clothes line supports for Conway Homes Annex, the public housing project. Harris did not comply with the terms of the subcontract; he failed to furnish and install a part of the initial fence work and the clothes line supports contracted for within the time required.

This action was later begun by Nomellini to recover damages caused by the default of the subcontractor, and it was claimed by the plaintiff and proven, in conformity with the findings of fact and conclusions of law, that Nomellini was damaged by the necessity of getting additional material and labor to install and complete the work involved in the total sum of $11,712.16, that being the amount necessary to expend in excess of the subcontract price agreed upon by Nomellini and Harris. In Ms…