Bash v. B.C. Construction Co.

CLARK, Judge.

Respondent sued appellant on an account for site grading done in preparation for erection of a building and other improvements. The petition asserted that the reasonable value of respondent’s services was $9,538.00, of which amount $4,181.94 had been paid. Recovery of the balance amounting to $5,356.06 was sought. The trial court awarded judgment as prayed and defendant has appealed. Reversed.

Appellant and respondent entered into a written contract for excavation work based on respondent’s bid of $6,638.00 for the job. According to respondent’s evidence, he performed all of the…