Jones v. Pollock

J. Elbert Jones, a building contractor, sued to foreclose a mechanic’s lien and to recover a balance claimed due under a written contract to construct a residence for James and Jane Pollock. The court determined that recovery must be limited to “the estimated cost” stated in the contract, plus extras, rather than the amount of the cost of construction. The appeal of Jones from the judgment presents as a question of law the nature and effect of the agreement made by the parties.

By the “Contract For Building,” Jones agreed “. . . for the consideration hereinafter named to furnish the necessary…