Burgamy v. Davis

RENFRO, Justice.

Appellant Burgamy, as plaintiff, sued ap-pellee Davis for the sum of $328.73 and foreclosure of a mechanic’s and material-men’s lien. Defendant pleaded accord and satisfaction. Trial, without a jury, resulted in judgment for defendant.

Findings of fact and conclusions of law were filed by the trial court.

The court found: Appellant and appellee entered into an oral contract by the terms of which appellant was to furnish material and labor, on a cost plus basis, for plumbing modifications in a house owned by appellee. Prior to completion of the contract, appellant made demand on…