Harmon v. Hanson's Pump & MacHine Works, Inc.

CAMERON, Judge.

Plaintiff, Hanson’s Pump and Machine Works, Inc., sued the defendant, Richard F. Harmon, upon an oral contract for the repair of a 400 horsepower water pump motor on defendant’s farm in Aguila, Arizona. The matter was tried before the court without a jury, and from a judgment in favor of the plaintiff in the amount of $3,318.13 plus costs, the defendant brings this appeal.

We are called upon to determine whether there was a sufficient variance between the allegata and probata to deny plaintiff judgment.

The facts necessary for a determination of this matter on appeal are as…