Garver v. Daubenspeck

This was an action by Daubenspeek against Garver, to recover for the building of a house by the plaintiff for the defendant. Verdict and judgment for the plaintiff'.

The house, it appears, was built under-a special contract, with perhaps some alterations made by the consent of the parties; and on the trial the Court permitted evidence to be given by the plaintiff of the reasonable value of the entire work and materials. Exception was taken to the ruling. It would seem that the contract price should have governed, so far as the work was done under the special contract. Walcott v. Yeager, 11…