Griffin v. Beresa, Inc.

VAN DYKE, P. J. Beresa, Incorporated, a California corporation, appeals from a judgment rendered against it in an action brought by respondent Robert D. Griffin to recover the reasonable value of work done, as said respondent alleged, for appellant’s use and benefit. Appellant was engaged in the construction of a housing project near Redding, California, and let to Griffin a contract for the construction of septic tanks and leaching fields. Griffin partially performed the work but abandoned the site before completing the contract. Appellant thereupon completed the work; and Griffin began this action to recover the reasonable value of what he had done up to the time the appellant took over.

The court made the following findings of fact: That at all times covered by the action Griffin was doing business under the name of Griffin Septic Tank Company and was the owner of said business; that he held a contractor’s license from the state covering the type of work involved here; that between the 4th of September, 1952 and the 10th of October of that year, he performed work and labor and furnished material to appellant for the construction of septic tanks and drains on appellant’s property of the value of $17,085, which had been paid save for the sum of $4,254.52, which sum was due him. The foregoing findings were responsive to a first and second count in the complaint which were common counts. Griffin pleaded a third cause of action alleging that on August 30, 1952, he and appellant had entered into a written contract for the installation of said sanitary structures by Griffin to the number of 160 septic tank systems for the sum of $190 each; that while he was faithfully performing the obligations of that contract, appellant violated the same by preventing further performance; that appellant took possession of the materials and supplies he had on hand and refused to allow him further to occupy the contract site; that had he been permitted to complete the contract he would have been entitled to a total sum of $30,210; and that by reason of appellant’s acts he had suffered damage in the sum of $10,000 for loss of profits which he would have made had he been permitted to go on. Responsive to this third count, the trial court found, so far as material here, that the contract had been entered into as alleged and that it was true that Griffin had performed a portion of the contract until on or about October 10, 1952, at which date the parties mutually and voluntarily rescinded the contract. The court concluded that Griffin was entitled to recover from ap[301]pellant for that which he had done the balance unpaid and entered judgment for the sum of $4,254.52.