Koran v. Bingham

SCOGGIN, District Judge.

This is an appeal from a judgment for $700.00 in favor of the plaintiff, based on the trial court’s findings that the defendant, a licensed painting contractor, agreed for a given amount to paint the exterior and trim of plaintiff’s house in Albuquerque, with the plaintiff to choose the color and the defendant to determine the type and manner or method of application of the paint, and that there was a failure due to the choice or type and method of application of the same.

To the plaintiff’s action alleging negligence in performance, and seeking recovery of $700.00 for…