Spinak v. Pridham

HAHN, J.,

pro

tem.

It is alleged in the complaint in this action that in May, 1923, plaintiff and defendant entered into a contract whereby plaintiff agreed to “prepare and furnish for defendant’s use and benefit certain sketches and working details for the construction of certain fixtures and embellishments of a residence then being constructed by defendant in said city, and, whenever by defendant required so to do, to exercise an advisory supervision over the construction and incorporation of such fixtures and embellishments in said residence; and, in consideration of plaintiff’s said promise and agreement, defendant promised and agreed in said contract to pay to plaintiff the sum of $600.” The complaint further alleges that the plaintiff has duly performed all of the conditions of said contract to be by him performed, and that defendant has repudiated said contract and refused to pay him said sum or any part thereof.

The answer denies each and all of the allegations of the complaint except that of nonpayment of the alleged claim.

[72]

Judgment went for plaintiff in the sum of $400, from which defendant appeals.

Appellant presents his grounds for a reversal of the judgment under three heads: First: The evidence is insufficient to support the findings; second: The findings do not support the judgment and the judgment is contrary to law; third: The court committed error in its admission and rejection of evidence.

The findings complained of may be briefly summarized as follows:

First: That plaintiff and defendant entered into a contract whereby plaintiff agreed to prepare and furnish for defendant “certain designs” for defendant’s house “and to supervise the incorporation of these designs in said house,” for which defendant agreed to pay plaintiff the sum of $600.

Second: That the plaintiff did not agree, nor did the parties to the contract understand, that plaintiff was to furnish complete working details such as might be required by a planing-mill incident to its work, but only such working details as would enable a competent mechanic to execute the designs furnished.