Booye v. Ries

The opinion of the court was delivered by

Parker, J.

This is a suit by contractor against, owner to recover a balance claimed to be due, substantially on a quantum meruit, for extensive alterations and repairs to the defendant’s house. Plaintiff sued as on an oral contract;- defendant set up in the answer that the contract was in writing and for a stipulated amount, and denied that any balance was due. On the trial plaintiff admitted the execution of a writing by the parties, but claimed that such writing was not the actual contract but a mere formality, as defendant and her husband wished to…