Credit Clearance Bureau v. George A. Hochbann Contracting Co.

This is an appeal from the judgment and from an order denying defendants’ motion for a new trial.

The facts of this case are simple, and the questions of law are not difficult of solution. George A. Hochbann Contracting Company had a general contract for the construction of a certain building in San Francisco. This company entered into a sub-contract in writing with G. W. Burke, the assignor of the plaintiff, under the terms of which Burke was to do the plastering work on the building. The points in the case involve the questions: 1. Whether or not the work on the sub contract was done under the written contract or under an alleged oral contract; and, 2. If under the oral contract, whether or not that contract was void for lack of consideration.

As to the first of these contentions, it is sufficient to say that we have carefully read the record, and find ample evidence to sustain the finding that the work was done under an oral contract. As to the second point, we find no force in defendants ’ position that the oral contract, which was substituted for the former written contract, was without consideration, and hence void. It appears, according to the evidence introduced by the…