Dault v. Schulte

This is an appeal as of right from a judgment, entered after a nonjury trial, for the plaintiff in the amount of $3,123.95 for labor and materials.

In January 1968, plaintiff, a self-employed builder, entered into an oral agreement to construct a tavern for the defendant. Work commenced on the tavern that same month and defendant advanced plaintiff $500 at that time. On February 2,1968, the parties entered into a written agreement for the construction of the bar for the price of $38,564.24. 1 During the period from February 8, 1968 through June 28, 1968, defendant paid plaintiff some $43,-000,…