Sargent v. Seymour Finance Corp.

The defendant corporation employed the plaintiff to do some engineering work upon certain real property in Mono County, California, in connection with preparing said property for subdivision and sale as cabin sites. This action was brought by the plaintiff to recover compensation for said services, and this appeal is from a judgment rendered in his favor.

Appellant first urges that there is a fatal variance between the pleadings and the proof, in that the complaint alleges a definite agreement to pay a certain sum for the work, whereas it is contended that the evidence fails to show any agreement as to the price of the work, but does show the reasonable value thereof. The pertinent part of the complaint reads as follows:

The answer of the defendant contains the following:

A map which was introduced in evidence shows 300 acres marked “Seymour Finance Corp.” lying in sections 17, 21 and 22 in township 2 south, range 26 east, and also shows another tract of 80 acres, being the portion referred to in the answer as “Tract 1”, marked in the same manner, and situated about two miles away from the main body of the land. The president of the defendant corporation testified as…