William F. Larrick, Inc. v. Burt Chevrolet, Inc.

Opinion by

Mr. Chief Justice Hall.

In the early part of 1955 defendant in error Burt Chevrolet, Inc., herein referred to as “Burt,” entered into an oral agreement with plaintiff in error William F. Larrick, Inc., herein referred to as “Larrick,” whereby Larrick agreed to build an addition to the body shop and to add a second story to the main shop of the service garage building then owned and occupied by Burt. Larrick was to do all the work and purchase all of the ma terials, for which he was to receive the cost of all labor and materials plus 10%.

As the work progressed it became necessary to…