(Download) "Grimes v. Nicholson" by Second Appellate District, Division Two District Court Of Appeal Of California # eBook PDF Kindle ePub Free
eBook details
- Title: Grimes v. Nicholson
- Author : Second Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 05, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Appeal from a judgment in favor of plaintiff in an action based on an oral contract entered into on or about June 1, 1943, whereby respondent agreed to furnish to appellant equipment and labor for the performance of work in installing electric wiring and other equipment on jobs as directed by appellant. The complaint alleges that defendant agreed to pay "the cost of the work done and the reasonable rental value of the equipment, plus five per cent of the sum of said costs and reasonable value of rentals for plaintiffs equipment as profit, plus an additional ten per cent of the cost of said work and labor done and reasonable value of equipment, for overhead expenses, with the further agreement that at all times during the continuance of said contract the percentage for profit and overhead would amount to $500.00 per month." The answer admitted a contract whereby respondent would furnish to appellant equipment and labor for doing work on jobs as directed by appellant, and according to plans and specifications and usage and custom of electrical contractors generally (an allegation not contained in the complaint); denied that appellant agreed that the profit and overhead would amount to the minimum sum alleged in the complaint; and alleged that there was a cost-plus contract based upon the general usage and custom of the trade. There was no other denial of respondents allegation as to the terms of the contract. In his cross-complaint appellant alleged a contract whereby respondent agreed to accept for his services the cost of the work done plus five per cent of said cost as profit, plus an additional ten per cent as overhead. Respondent denied this allegation.