Fierce v. Reed

PLUMMER, J.

The plaintiff had judgment against the defendant for the sum of $1077.66, balance alleged to be due for and on account of certain work performed by the plaintiff pursuant to contracts hereinafter referred to. From this judgment the defendant appeals.

The record shows that both the plaintiff and defendant were building contractors, and that the defendant had a contract for the erection of a certain school building; that on or about the twenty-third day of January, 1925, Deatherage & Lyon, manufacturers’ agents, submitted to the defendant Reed a proposal to perform certain work and furnish certain materials in the construction of the school building for which the defendant Reed had a contract. This proposal, so far as necessary to be considered herein, reads as follows: “This proposal includes necessary slate blackboard for the net price of Four Thousand Dollars ($4000.00). If two toilet rooms on second floor are changed to classrooms, Alt. bid No. 2 add this footage to above figure at seventy-nine (79c) cents per sq. ft. installed. If 4-room wing is omitted, Alt. bid No. 4, deduct from above figure Two Hundred and Ninety-two Dollars and eighty cents ($292.80). Includes—Necessary cork carpet for the net price of Three Dollars and twenty-five cents ($3.25) per square yard, installed.” This proposal was signed by Deatherage & Lyon, by M. S. Lyon, and was accepted by the defendant Reed on the fourth day of March, 1925. Thereafter, and on the seventeenth or eighteenth day of March, 1925 (the heading of the instrument is dated March 18, 1925; the date on which this agreement appears to have been accepted bears date of the seventeenth day of March, 1925), two agreements were entered into between the plaintiff and defendant relative to the work included

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in the Deatherage & Lyon’s proposal. The first instrument bearing the two dates of March 17th and 18th, so far as necessary to be considered herein, reads as follows: “In accordance with your order given to Deatherage

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Lyon, accepted by you March 3, 1925, we propose to furnish and erect complete all the 3' 0" and 4' 0" slate blackboards in the Frances E. Willard School which you are erecting in Long Beach, for the total sum of $4000.00. If the two toilet rooms on the second floor are changed to class rooms, add the footage of slate required to above price at 79c per square foot. If the four room addition is omitted as provided in alteration No. 4 deduct from the total $292.80. You are to prepare all wood trim in place, leaving us exactly where the 3 ft. boards are to go 3'