Grobarchik v. Nasa Mortgage and Investment Co.

The opinion of the court was delivered by

Heher, J.

This is an action by the contractor to recover the balance claimed to he due under a contract providing for the making of improvements and repairs to a building owned by defendant. Asserting that the work was not done “in a good, workmanlike and substantial manner,” and was not completed to its “satisfaction,” as provided in the contract, the latter counter-claimed for the alleged consequent damage.

The District Court judge, sitting without a jury, found, on conflicting evidence, that “the alleged dissatisfaction of the defendant is arbitrary…