American-Hawaiian Engineering & Construction Co. v. Butler

In this opinion we shall refer to Emma G. Butler as respondent, since the defendant in the cross-complaint has no interest in the proceedings here. The plaintiff has appealed on the judgment-roll from a judgment in its favor. It makes two contentions: “First: The judgment should be increased by the amount of $7,170, the sum expended by appellant in the hire of superintendents, foremen and watchmen in the construction of the building mentioned in this action; and Second: It should be increased by the amount of legal, interest on a part of its claim from the time of filing the complaint in this action, on, to wit, November 11, 1907, viz., interest on $57,804.57.”

As to the first of these propositions respondent answers: “First, that the appellant has recovered the amount of the value of these men’s services, and the value thereof is included in finding number 4 of the lower court, fixing ‘the reasonable market value of all of the work of the construction of said building, and of the material and labor so as aforesaid incorporated therein. ’ Second, that even if the lower court did not in fact include in its finding number 4 the value of the services of these men, yet the court will…