United Iron Works v. L. J. Smith Construction Co.

The opinion of the court was delivered by

Mason, J.:

The United Iron Works sued the L. J. Smith Construction Company for a balance of $2,824.51 alleged to be due for repairs made to a steam shovel belonging to the defendant. The amount already paid was $3,557.16, so that the total sum charged was $6,381.67. A jury returned a verdict for the plaintiff for $442.84, on which judgment was rendered. The plaintiff appeals.

1. The defendant claimed that the amount charged for the repairs was excessive, particularly because of including a charge for “fixed expense” or overhead of 160 per cent of the…