Levine v. J. Mahler's Pilgrim House Furniture, Inc.

HOOD, Chief Judge.

Appellant contracted to do certain work relating to the racks and partitions in appellee’s store for a total price of $370.00, and received $185.00 as a deposit. The work was begun but was not finished by the completion date named in the contract. After much discussion appellant agreed to complete the work by a specified date or return the deposit. He did neither, and appellee hired another contractor to complete the job. Appellee paid the second contractor $658.61, and in this action was awarded judgment against appellant for $473.61, representing the difference between the…