Schreiber v. Kelsey

62 Cal.App.3d 45 (1976) 133 Cal. Rptr. 508 KARL SCHREIBER, Plaintiff and Respondent,

v.

THOMAS KELSEY, Defendant and Appellant.

Docket No. 13765. Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

September 15, 1976. [47] COUNSEL

Rodd Kelsey for Defendant and Appellant.

Roy E. Harper for Plaintiff and Respondent.

OPINION

ALARCON, J.

Defendant has appealed from a judgment for plaintiff awarding costs of parts and labor expended in repairing defendant's automobile.

Pertinent Facts:

Plaintiff, Karl Schreiber, doing business as Schreiber Motors, was engaged in the business of repairing and servicing foreign cars. In October of 1972, defendant, Thomas Kelsey, brought his 1956 Porsche "Speedster" automobile to plaintiff "for the purpose of restoration" by having a rebuilt engine installed, the transmission rebuilt, and certain other mechanical work done. No written estimate for the labor or parts required for the mechanical work to be performed by plaintiff was prepared or presented to defendant at that time.

[48] Over a period of approximately one year (during which time the vehicle was removed from the plaintiff's garage for the purpose of having other work done, i.e., body and upholstery) the plaintiff performed the requested mechanical work. There were oral estimates of the cost of labor and parts furnished by plaintiff to defendant while plaintiff's work was in progress and oral authorizations therefor by defendant.

On October 1, 1973, after the work performed by plaintiff had been completed and the car redelivered to defendant, plaintiff presented to defendant a written invoice in the amount of $1,313.12, of which defendant paid to plaintiff the sum of $400. The balance of $913.12 was sought by plaintiff in the action below.