Smith v. Gurley

Greer, J.,

This action in as-sumpsit was upon an oral contract to build a residence for defendant for cost plus 10 percent. Defendant, in his first affidavit of defense filed in 1936, denied the contract to be of that nature and averred that it was an oral contract for the sum of $24,355. A later affidavit was filed in 1940 reaverring the original contract and adding that by reason of unskilled workmanship plaintiffs were indebted to defendant in the sum of $1,548.74.

Plaintiffs began and finished the construction of defendant’s house in 1927. At different times during construction plaintiffs…