Collins v. Wilson

Judgment unanimously affirmed, with costs. Memorandum: Plaintiff’s action was on the basis of an express contract to pay for “ time and materials ” incorporated in the addition to defendant’s house as well as for extra work ordered by defendant after the commencement of the job. Defendant claimed that the agreement between the parties was for a fixed price of $19,000. The court found that there was an express contract for the cost of labor and mate*751rial and awarded plaintiff $29,401.18. Defendant also seeks a reversal on the ground the plaintiff failed to prove that the charges made by him for…