McVay v. Kenneth E. Montz Implement Co.

LeGRAND, Justice.

This is a case involving the entry of an ex parte nunc pro tunc order upon plaintiff’s application. The order increased the judgment against defendant from $1,187.06 to $15,187.06. Defendant appeals. We reverse and remand.

In 1974 plaintiff and defendant orally agreed for the construction of several buildings. Various controversies developed, most of which concerned insulation. Eventually defendant took over the insulation work himself, and plaintiff performed the rest of the contract. The evidence is conflicting, but defendant claims to have paid approximately $15,000.00 for…