Skousen

Skousen v. Herz

Good Law
135 Cal. App. 116·1933 Cal. App. LEXIS 129·26 P.2d 408
Court of Appeal of CaliforniaNovember 6, 1933Docket No. 612.California2,200 words

Opinion

Lead Opinion

Marks, J.

This action was brought by the respondent against appellants to recover money alleged to be due for labor performed under the terms of a subcontract which provided for the doing of portions of the work of construction of a section of the state highway between Black Butte and a point one and one-half miles west of Hopkins Wells in Riverside County. The Colton National Bank was joined as defendant under an allegation that it claimed some interest in the results of the controversy. Judgment was rendered in favor of respondent in the sum of l$2,575.29, and costs, and the Citizens National Bank of Colton, successor of the Colton National Bank, for $4,700.21, which has been paid, leaving only the judgment in favor of respondent involved here.

The complaint contained six causes of action, and the answer of appellants nine counterclaims. Only one of each is considered in the briefs. The fourth cause of action of the complaint alleges that respondent performed extra work in preparing the roadbed for what was called “select materials”, which extra work was of the reasonable value of $3,744. The trial court found this sum to be its reasonable value but did not include the amount in the…

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