R. P. Hill and Mary Hill v. A. E. Waxberg, Doing Business as Waxberg Construction Co.

The appellee, Waxberg, brought this action in the District Court for the Territory of Alaska to recover the reasonable value of his services and the expenditures made by him in connection with a proposed building contract which was never consummated. The action was originally instituted against R. P. Hill and Mary Hill, his wife, but it was, by stipulation, dismissed as to Mrs. Hill, so we are not concerned with her on this appeal. The jury returned a verdict in favor of Wax-berg for the sum of $11,167.46. Appellant attacks the judgment entered on this verdict as excessive, and at the same time asserts that the trial court incorrectly instructed the jury.

In December of 1949 appellant, R.. P. Hill, summoned Waxberg, a contractor, to assist him in making preparations-for the construction of a building on Hill’s lot in the city of Fairbanks. It was decided between .the parties that the only method of financing the transaction was to - secure a commitment from the F.H.A. From the time of their first meeting, it was the understanding of the parties that if the financing could be arranged through the F.H.A. as contemplated, Waxberg would be awarded the building contract.

Pursuant to…