Easter v. Humphrey

This appeal challenges determinations of fact by the trial court, sitting without a jury, which resulted in a judgment for the plaintiff, a builder, in his suit to recover for the cost of labor and materials not included in a contract to build an addition to a house.

The appellant, the home owner, tells us that there should have been no recovery because there was an accord and satisfaction between the parties and, in the alternative, no proper evidence as to the value of the extra labor and materials and, finally, claims that in any event the amount allowed by the trial court was excessive by…