Francisco & Ellington, Inc. v. Pasadena Tournament of Roses Ass'n

Plaintiff was given judgment for the sum of $834.90 as the balance due upon a contract for making certain excavations in the construction of a stadium for defendant and has appealed therefrom, contending that a much larger balance is due. Appellant’s principal contention is that the findings are not supported by the evidence in that no “binding contract between the parties” was proved and that, even assuming that there was a binding contract, “yet the plans of construction were so materially deviated from ... on matters not contemplated within the terms of the contract that appellant is entitled to recover upon a quantum meruit.” It is conceded that the judgment is for the correct amount if the contract which the defendant attempted to prove is the measure of plaintiff’s right of recovery. Since the findings of the trial court from conflicting evidence are conclusive on appeal, the evidence will be stated in the light most favorable to the support of the judgment, omitting contradictory evidence. Plaintiff was paid for certain extra work which was not within the terms of the agreement upon which the defendant relies. Compensation for such extra work is not involved in this…