Ketchey v. West

DIXON, Chief Justice.

Appellee Robert West, acting by and through his duly authorized agent, Chester Breneman, entered into an oral contract in September 1957 with appellant, J. F. Ketchey, whereby Ketchey agreed to construct 110 feet of concrete sidewalk and 30 feet of concrete driveway for a consideration of $275.00.

Ketchey built the sidewalk and driveway and the job was inspected and approved by Breneman, who handed Ketchey West’s check in the amount of $322.50. This amount included not only the $275 for building the sidewalk and driveway in question, but $40 for another walk and $7.50 for…