Smith v. Ferguson

CAMMACK, Judge.

Primarily, this is an action to recover the balance due on a house-building contract. It was instituted in 1952. The old Code provisions apply. Since the case is somewhat involved, we will give a brief picture of the controversy, as we understand it.

The appellant, C. W. Smith, is a building contractor in Clay County. In August, 1950, after some preliminary bargaining, he entered into a written contract with the appellee, Elmer Ferguson, under which he agreed to construct a house for $9,500 for Ferguson. He was to have it ready for occupancy in approximately six months. To meet…