Ardwin v. Englert

— Appeal from a judgment of the Supreme Court in favor of defendants, entered September 3, 1980 in Tompkins County, upon a decision of the court at a Trial Term, without a jury. As a result of discussions between plaintiff and defendant Zifchock early in August of 1977, an oral contract resulted pursuant to which plaintiff, a general contractor, was to renovate certain commercial property for defendants in return for which plaintiff was to receive his costs plus a fixed percentage. When the construction was later completed in January of 1978, however, there remained owing to plaintiff on the…