Southard
Southard v. Higbee
Opinion
Lead Opinion
Barnard, J.
The plaintiffs, as contractors, built a house for the defendant for a specified sum as set forth in a written agreement. This action was filed to recover $1496.47 for work and service performed and materials furnished, in supplying and constructing certain extras in connection with the erection of such residence. The defendant answered denying all of the allegations in the plaintiffs’ complaint and through ten counterclaims, sought damages for an alleged failure of the plaintiffs to construct said residence in accordance with the contract. The trial court found that there was due to the plaintiffs for extras the sum of $1139.96, further found in favor of the defendant upon certain of the counterclaims, awarding damages in the total sum of $1519.50, and gave judgment in favor of the defendant for the difference, amounting to $379.54. Prom this judgment the plaintiffs have appealed, the questions involved being.almost entirely of fact rather than of law.
It is first contended that the court erred in reducing the demand of the appellants in the amount of $104, which represented the amount paid by them for the installation of a heating plant, in excess of an allowance of $300 for…