Lee Bros. Contractors v. Christy Park Baptist Church

SMITH, Judge.

Defendant appeals from a judgment in a court-tried case awarding plaintiff $4584 plus interest and attorney’s fees on a claim in quantum meruit. We reverse.

Defendant entered into a contract with Kirkwood Building Company for expansion of its property. As general contractor Kirkwood subcontracted with plaintiff for lath and plastering. Plaintiff completed that work in satisfactory manner but was not paid. After making demand on both Kirkwood and defendant, plaintiff brought this suit. The petition made no allegation of non-payment by defendant to Kirkwood. Defendant’s answer…