Keen v. O'ROURKE

Defendant appeals from a judgment of $4,974.71 entered against him, a jury having returned a verdict in plaintiff’s favor.

Plaintiff, a contractor, remodeled and built an addition to defendant’s building upon a cost-plus contract. He billed defendant as work progressed, and defendant made payments. The construction work was completed in December, 1949. Final billing was given defendant the latter part of December or the early part of January, evidencing an alleged balance of $8,771.25. It is admitted that $3,500 was paid by defendant on April 13, 1950.

To an action for the balance, defendant…