Greenwald v. Royal Indemnity Co.

WHITE, P. J.

This is an appeal upon a settled statement from a judgment in favor of plaintiffs after trial before the court sitting without a jury.

Respondents and appellants entered into a written agreement whereby appellants as general contractors undertook to construct for respondents as owners an automobile sales and service building in accordance with plans and specifications prepared by an architect. In the course of construction and afterwards disputes arose involving claims of faulty workmanship, failure to perform work called for by the contract, claims by the contractors for “extras,” and the filing of mechanics’ liens by subcontractors. Respondents brought an action against appellants and the Royal Indemnity Company which had furnished the mechanics’ lien bond. Appellants cross-complained for alleged “extras.” The Royal Indemnity Company having paid all mechanics’ lien claims, the action was dismissed as to it. The trial court found that respondents were entitled to recover $5,171.69 as credits for work which should have been done under the contract but which appellants failed to do and for appellants’ failure to

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perform the plastering work in a good- and workmanlike manner; that appellants were entitled to offset the sum of $4,675.34 as the reasonable value of extra labor and materials, and that respondents were entitled to judgment for the difference of $496.35.

The settled statement contains 10 assignments, numbered from I to X, in each of which it is claimed that the trial court’s finding as to a specific item in dispute is predicated upon insufficient evidence. In their brief appellants have abandoned assignment V.

By assignment I, appellants contend that the court erred in allowing respondents a credit of $1,840 by reason of the elimination of the heating and ventilating system from the contract (the contract provided that if any work was eliminated the value thereof would be computed by the architects and the owners given credit therefor.) A qualified expert testified that the value of the work eliminated was $1,840. Appellants’ assertion that this testimony was admitted over objection is not borne out by the settled statement. Appellants attempted to show that the value of the work was $750 by introducing a bid of La Brea Heating Company, but this bid covered a heating system only and did not include any ventilating items. Assuming that appellants’ evidence created a conflict, the conflict was resolved by the trier of fact and its finding in this regard is supported by substantial evidence. The same may be said of all the remaining assignments of error.