Brand v. Manor

BARNARD, P. J. This is an action for damages. The defendants owned 60 lots of a subdivision containing 160 lots, and planned to build certain houses and eventually to build houses on the remainder of the tract. They entered into some sort of a contract with the plaintiff and his partner for certain sewer work on part or all of this tract. They [760]built houses on the 60 lots and the plaintiff and his partner did a certain amount of sewer work, for which they were paid in full. The plaintiff brought this action claiming that the defendants had prevented him from performing the remainder of the contract, and that he had been damaged in the sum of $3,000. The plaintiff’s partner refused to join him in the action.

The complaint alleged that the parties entered into a written contract on April 6, 1950, by the terms of which it was agreed that the plaintiff was to make certain sewer improvements in Magnolia Manor consisting of laying 6,285 linear feet of 8" sewer pipe at $1.85 per lineal foot; installing 16 manholes at $150 each; and laying 7,200 linear feet of 4" pipe for house connections at $1.30 per foot; with an additional $15 for each sewer line which was obstructed by a curb and gutter. It was further alleged that the plaintiff performed one-half of this work, was ready, willing and able to perform the remainder, but was prevented by the defendants from so doing. The written contract attached to the complaint was in the form of a “bid” dated April 6, 1950, addressed to the defendants, signed by the plaintiff and approved by one of the defendants. So far as material here, this bid refers to “Magnolia Manor Sewer Improvements” and states “I submit for your approval the price, as quoted below for the above mentioned improvements.” It then lists as Item 1, 6,285 linear feet of 8" sewer pipe at $2.25 per linear foot, $14,421.25; as Item 2, 16 manholes, $160 each, $2,560; as Item 3, 7,200 linear feet of 4" house connections at $1.45 per linear foot, $10,440: total price $27,141.25. The figure $2.25 in the first item is struck out and $1.85 inserted. The figure $160 in the second item is struck out and $150 inserted. The figure $1.45 in the third item is struck out and $1.30 is inserted. All of these changes are initialed by the plaintiff. The three totals for each item and the total price of $27,141.25 are all struck out, with nothing inserted in lieu thereof.

The answer admitted that the defendants entered into a contract with the plaintiff on or about April 6, 1950, but alleged that by the terms thereof it was agreed that the plaintiff was to do so much of the sewer work on this subdivision as the defendants should from time to time request him to do; that such work was to consist of installing not more than 6,285 lineal feet of sewer lines at a price of $1.85 per linear foot, not more than 7,200 feet of 4" pipe for housing con