M & W Masonry Construction, Inc. v. Head

BRIGHTMIRE, Judge.

A masonry subcontractor brought this action to recover $10,810 it claims is due for 94,000 bricks laid in veneering an apartment building in Stillwater, Oklahoma. The trial court, in the jury-waived case, sustained a demurrer to its evidence and then rendered an $11,668.67 net “excess cost” (supracontract cost) judgment on defendants’ counterclaim for completion of the brickwork against plaintiff. The latter assails the adjudication on two grounds — (1) plaintiff’s proof supported a cause of action while defendants’ did not and (2) the award to defendants was excessive.

I

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