Fadel v. Slayman

MUSSELL, J. Plaintiff appeals from a judgment rendered in favor of defendants in an action to foreclose a mechanic’s lien. Plaintiff, a licensed contractor entered into an oral agreement with defendants Victor Slayman and Jennie Slay-man to construct a residence and garage on property of the defendants in the city of Lindsay. Plaintiff alleged that under the agreement he was to furnish all material and labor necessary to build the buildings; that the defendants agreed to pay the cost of labor and materials, plus 15 per cent as plaintiff’s [414]fee; that the cost, plus 15 per cent, was of the current market value, agreed price and reasonable value of $12,864.37, and that $8,250 had been received by him.

Defendants alleged that plaintiff agreed to furnish the labor and materials to erect the residence building for the sum of $7,500; that thereafter said parties further agreed that the plaintiff would erect a garage for said building at a cost of $500; that pursuant to the agreement the plaintiff furnished the labor and materials and did erect a frame residence building and garage and defendants paid to plaintiff the sum of $8,000.

The issues as to the contract were first tried and at the conclusion of the evidence as to these issues the court indicated that it would rule in favor of defendants, that is, that the plaintiff agreed to furnish the labor and materials for the construction of said building and garage for the total sum of $8,000, and the court then declined to hear evidence with reference to the reasonable value of the labor and materials furnished.

The court found that plaintiff had agreed to erect the residence and garage in accordance with certain plans and specifications which plaintiff had shown defendants, for the sum of $7,500, payable during the course of construction, and an additional $500 for a garage to be erected on the premises; that plaintiff completed the work and defendants then took possession; that defendants paid $8,000 on the contract which sum was payment in full to plaintiff for the cost, of construction including all labor and materials in accordance with the contract between plaintiff and defendants.

The sole question on this appeal is whether the evidence sustains the findings. Victor Slayman, one of the defendants, testified that he had a conversation with plaintiff about building a home, in which conversation plaintiff suggested that he was pretty busy and to contact his son; that he was later introduced to plaintiff’s son Bob; that later Bob presented plans and specifications of different houses to Victor and his mother, Jennie Slayman; that none of these plans was acceptable and that the following evening Bob Fadel brought other plans and specifications, from which one particular set was selected by Jennie Slayman; that Bob Fadel then said he would build the home for $7,500 and the garage for $500 additional; that “I looked at my mother and she said, ‘That is satisfactory with me,’ and I said, ‘Fine, if that is what you want that is O.K. with me.’”