Burgdorfer Electric Co. v. Voyles Construction Co.

CLEMENS, Commissioner.

This mechanic’s lien case hinges on two issues: In proving a contract, may a party rely on his adversary’s testimony of the agreed amount when that amount differs from his own testimony? And, is the dismissal of an original petition res judicata when the court does not then give plaintiff leave to amend?

Plaintiff (Burgdorfer), an electrical contracting company, got an $8,000 verdict and judgment against the corporate builder (Voyles) for work and materials Burgdor-fer furnished in Voyles’ construction of an apartment building. Voyles appeals. We affirm. On a preliminary…