Crofton v. Pappas

BARNARD, P. J. This is an action to recover the reasonable value of certain repairs, materials and supplies. The complaint alleged that the defendants Pappas and Martikas were the owners of the fishing boat Tom Boy, and that they had purchased from plaintiffs’ assignor supplies and equipment therefor of the reasonable value of $297.92, for which they had refused to pay. A second count covered repairs and equipment for this boat, worth $2,491.45, alleged to have been furnished by plaintiffs at the special instance and request of Pappas and Martikas. The prayer was for judgment against these defendants “and against said fishing vessel Tom Boy” for these sums, with costs.

No demurrer was filed and Pappas filed no answer. Martikas, in his answer, admitted that he is the record owner of this boat, but denied that he had ever purchased any supplies or equipment from plaintiffs’ assignor, and denied any knowledge that any such goods were ever furnished for said vessel. With respect to the second count he denied that such repairs and equipment were of the reasonable value of $2,491.45, and alleged that the equipment was never properly installed. As a special defense to this count he alleged that it had been specifically agreed between the plaintiffs and himself and Pappas that the engine and other equipment would be properly installed and the boat put in first class condition, and that the cost thereof would not exceed $1,900; that the work was defectively done; and that no part of the amount claimed has been earned.

At the trial, it developed that Martikas owned the boat and that, under some arrangement between them, Pappas was operating it for fishing purposes. The plaintiffs then dismissed the action as against Pappas and also insofar as any proceeding against the boat itself was concerned.' Martikas admitted that he had agreed to pay the plaintiffs for a new engine installed by them, but insisted that he had nothing to do with any other repairs, supplies or equipment ordered by Pappas for the boat. Prior to judgment Martikas moved to dissolve an attachment which had been levied on the boat, on the ground that the plaintiffs had another lien. After judgment, he moved to eliminate all costs connected with the attachment from the cost bill filed. Both of these motions were denied.

So far as material here the court found that supplies of the reasonable value of $297.92 had been furnished for this boat [817]by plaintiffs’ assignor at the special instance and request of Martikas, acting through his agent Pappas; that the repairs and equipment involved in the second count had been furnished by the plaintiffs at the special instance and request of Martikas, acting through his agent Pappas; that all such work and material was furnished upon the implied contract of Martikas to pay the reasonable value thereof; that the reasonable value as found remained unpaid, after demand, to the extent of $2,491.45; that no agreement had been made that the cost of installing an engine and certain equipment should not exceed any specified amount; and that the work and materials so furnished were neither defective nor poorly installed. Judgment was entered against Martikas for $2,789.37, with costs. He has appealed from the judgment, from the order denying his motion to dissolve the attachment, and from the order denying his motion to eliminate all attachment costs.