Carson v. Parks

Quillian, Presiding Judge.

This appeal was taken from the verdict of a jury in an action by the plaintiff seeking to recover for work he contended he performed under a contract with the defendant to build a house. After judgment for plaintiff, defendant appeals. Held:

1. Plaintiff and defendant entered into a contract for construction of a house which stated: "purchaser shall pay contractor’s cost of all improvements plus 5% overhead and 10% profit.” Defendant gave plaintiff a $1,000 note "a couple of days before closing.” Defendant testified that he "withheld that [$1,000] to make sure that…