Mahone v. Thompson

JOHNSON, J.,

pro

tem.

This is an action growing out of a building contract made March 17, 1920, between plaintiff as owner and defendant as contractor, which plaintiff asserted, and the court found, had not been duly performed by defendant. Judgment was rendered in plaintiff’s favor for $815 as damages, and from that judgment defendant appeals.

Plaintiff’s amended complaint alleges the making of the contract for the erection of a residence building, all the work of which, except heating and painting, was to be done by defendant according to plans and specifications of Frank O.-E'ager, architect, for the sum of $5,200. The contract provided that the work should be completed within 120 working days. Plaintiff avers, also, that defendant failed to construct the building according to the plans and specifications in numerous particulars; further, that completion was delayed; and that plaintiff has suffered damages in the sum of $3,000. In reference to some, but not all, of the defects specified, the court found that defendant had not complied with his contract, and particularly that he failed to nail down the hardwood floors properly, or to construct in workmanlike manner the windows and outside wall, or to plaster the house properly. In each of these matters the court assessed separately the damages sustained by plaintiff, in amounts aggregating $230. The court further found that there was delay in completion of the building beyond 120 working days, the time allowed by the contract, and that the contract was not in fact completed until April 1, 1921. For the delay the court fixed the damages at $585. Judgment having been rendered against him for a total of $815 and costs, defendant made a motion for a new trial, and upon denial of the motion appealed from the judgment.

Defendant contends that the evidence is insufficient to support the court’s findings as to either the defects or the delay.

In regard to the hardwood floors, the court found that defendant failed to nail them down properly or in good and workmanlike manner, and assessed the damage at $60. The defendant contends that the evidence shows that these floors were properly nailed, but that they buckled because

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