Wico Construction Co. v. Perret

ELLIS, Judge.

Plaintiff brought suit to collect $1,478.28 alleged to be due as the balance owing under a written contract whereby plaintiff had built a house for the defendant. Plaintiff alleged that the buiding had been completed and accepted by the owner by written acceptance duly filed in the mortgage records but that the final payment was past due and owing.

Defendant in his answer denied that anything was due plaintiff and set out that the acceptance referred to in plaintiff’s petition contained' a specific exclusion as follows:

‘T hereby accept the house at 1733 Country Club Drive, Baton…