Baldwin Contracting Co. v. Carl M. Buck Building Co.

This is an appeal from a money judgment in an action on a common count. Defendant-appellant admits the *172 work for which recovery was allowed was done at appellant’s instance and request, that it was properly done and that appellant agreed to pay for it. It contends, however, that the agreement to pay was without consideration because plaintiff-respondent was already obligated by an earlier contract to do the work without additional charge.

Appellant was the general contractor under a contract with the United States Air Force to construct a housing project at Stead Air Force Base in Nevada. Respondent was one of a number of subcontractors on this job. Its subcontract covered certain water and sewer systems. This work was completed satisfactorily and was accepted by appellant. Some appreciable time thereafter certain other subcontractors, particularly one Mendenhall with a grading subcontract, tore up and damaged the pipeline. Bud Cleland, appellant’s manager and superintendent on this job, asked respondent to do the work of repair. Respondent had performed other previous work of repair without charge, but its engineer and job superintendent, Robert Kirch, refused to perform…