Wall Estate Co. v. Chamberlin Metal Weather Strip Co.

Plaintiff commenced this action for $1,565.42 damages for breach of contract. The court awarded it only $683.32. Plaintiff appeals upon the judgment-roll alone, claiming that the findings are such that the full amount of damages should be awarded by the judgment.

The findings show the following facts: Defendant agreed to waterproof two walls of plaintiff’s apartment house for $230 and to calk between the window frames and the masonry for $155, and promised that the work would be done in such a proper and workmanlike manner as to prevent water from leaking through the walls. Defendant finished the work and received the agreed payment, but did not perform the work well, and, as a result, water leaked through the walls and damaged the interior decoration of the apartment house. The court found all of the allegations of the complaint to be true except paragraph IX. That paragraph read: “That by reason of the foregoing facts plaintiff has sustained damages in the sum of $1,565.42,” The court found with respect to this allegation that plaintiff sustained damages in the sum of $683.32 only.

Paragraph VII of the complaint claimed the items of $125 and $148.32 for damages to the interior…