Murphy v. Kassis

BueKe, Ch. J.

In this action the plaintiff recovered $1,640.26. There was a motion for a new trial which was overruled, and the defendant appeals from the order overruling the motion, and from the judgment entered thereon. There is very little conflict in the evidence.

On the 31st day of August, 1927, the plaintiff and the defendant entered into a contract in writing, under which the plaintiff agreed to build a two story brick building in the city of Williston, N. D., furnishing' all the material, and all the work for the sum of $15,675. The first floor of the building was to be completed by…