Enochs v. Christie

137 Cal.App.2d Supp. 887 (1955) RUSSELL ENOCHS, Respondent,

v.

DENE C. CHRISTIE et al., Appellants.

California Court of Appeals.

Dec. 8, 1955. James R. Helms, Jr., for Appellants.

Francis C. Jones for Respondent.

PATROSSO, J.

Plaintiff instituted the action by filing a complaint in the form of a common count for labor performed and material furnished, to wit, paint and painting, for which it is alleged defendants agreed to pay the sum of $1,479. Plaintiff recovered judgment, and defendants appeal.

Upon the trial, it developed that the work in question was performed by plaintiff pursuant to the terms of a subcontract executed between plaintiff and defendants, whereby the plaintiff agreed, for a stipulated sum, to perform all of the painting work required to be performed by defendants under the terms of a general contract executed between defendants and the [137 Cal.App.2d Supp. 888] Public Housing Administration, involving the transportation of 100 dwelling units located at Western Terrace Project, in Los Angeles, and the reconditioning, remodeling and re-erection of the same at Camp Irwin near Barstow, California. By the terms of the subcontract, plaintiff agreed to perform the painting work in accordance with the terms of the general contract, which is declared to "hereby become a part of this contract."

Among other provisions of the subcontract are the following: "It is agreed that if sub-contractor provides a sizable working force sufficient to complete 10 units per week, he will be given enough time to complete all units as far as practicable at Western Terrace Project. If work originally scheduled to be done at Western Terrace Project is required to be done at Camp Irwin through no fault of subcontractor, he shall be entitled to extra cost." "Section 5. The Contractor and Subcontractor agree to be bound by the terms of the Agreement, the General Conditions, Drawings and Specifications as far as applicable to this subcontract, and also by the following provisions: The subcontractor agrees--(a) To be bound to the Contractor by the terms of the Agreement, General Conditions, Drawings and Specifications, and to assume toward him all the obligations and responsibilities that he, by those documents, assumes toward the Owner. ... (c) To make all claims for extras, for extensions of time and for damages for delays or otherwise, to the Contractor in the manner provided in the General Conditions for like claims by the Contractor upon the Owner, except that the time for making claims for extra cost is one week."