Gardner v. Tarpley

Bell, Presiding Judge.

Plaintiff brought this suit alleging that defendant had employed him to build a dwelling house on defendant’s property. The complaint seeks a general judgment for $7,339.40 as the balance due plaintiff and a special judgment foreclosing plaintiff’s lien for labor and materials. The evidence at the trial showed that the parties originally agreed that defendant would pay plaintiff $21,500 to build the house according to certain plans. Defendant contends here that the sums previously paid plaintiff and other credits against the balance due plus the trial court’s judgment…