Pence v. Dennie

SLOANE, J.

The plaintiff, a contractor and builder, brought this action to recover from the defendant an alleged balance of $1,066.84 on a building contract totaling $46,750, together with $1,282.16 for extras alleged to have been furnished at the request of defendant, and four hundred dollars claimed as a bonus under the contract, making a total for which judgment was demanded of $2,759.

The defendant, by answer and counterclaim, admitted the original contract price of $46,750, but alleges payment of all but $90.35, denies liability for four hundred dollars bonus, or any part thereof, and claims damages against plaintiff of $450 for delay in completing contract, $1,523 for items of material and labor not furnished as called for by the contract, and $1,685.15 for defective work and materials, and asks judgment on his counterclaim for $3,427.69.

On the trial of the case the court found that the original contract price due the' plaintiff was $46,750, and that he was entitled to extras in the sum of $205, and no more, and disallowed his claim of four hundred dollars as a bonus. The court further found that the defendant has paid on the contract $45,969.36, thus leaving a credit due the plaintiff of $985.64. As against this credit to the plaintiff the court found for defendant on his answer and counterclaim, $450 damages for delay in completing the contract, $25 insurance due from plaintiff, $1,349.70 for labor and material omitted in the contract work, and $1,553.68 damages for defective work and materials; but in its conclusions of law the court omits the item .of $450, thus leaving a balance due defendant of $1,942.74, after offsetting plaintiff’s claim. The judgment, however, was that neither plaintiff nor defendant recover on the respective claims,

[430]

but that defendant have judgment for costs in the sum of $39.40. • •

The result of the trial was that the court found, after crediting defendant’s payments and allowing the $205 extras, a balance due plaintiff amounting to about one thousand dollars, and found that the defendant was entitled to approximately three thousand dollars by way of offset. It is apparent, therefore, that there must on. this appeal be found an enlargement of plaintiff’s credits or reduction! of defendant’s offsets, or both, aggregating the., sum of two thousand dollars, before it will appear that the plaintiff is prejudiced by this judgment.