Camp

Camp v. Behlow

Good Law
1906 Cal. App. LEXIS 243·2 Cal. App. 699·84 P. 251
Court of Appeal of CaliforniaJanuary 20, 1906Civ. No. 82.California1,442 words

Opinion

Lead Opinion

Cooper, J.

This action was brought to recover a balance of $863 for the performance of certain concrete work on the basement of a stone building. The court made findings, upon which judgment was ordered and entered for plaintiff in the sum of $663, and costs. This appeal is from the judgment and order denying the defendant’s motion for a new trial The complaint alleges that in August, 1900, the plaintiffs entered into a contract with defendant by which they agreed to furnish the labor and material and complete the concrete work of a certain two-story building, in conformity with certain plans and specifications, for the sum of $1,449, in four equal installments of $362.25 each, payable at certain designated times as the work progressed; that for additional and extra work the price per cubic foot of concrete should be in accordance with the contract price for the other work, and that the extra work so done amounted to $238.50; that defendant has paid plaintiff on account the sum of $924.50, and no more, leaving a balance of $863 due and owing on the contract. The complaint further alleges in a separate paragraph that the reasonable value of the work done and performed, by the plaintiffs for…

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