Robinson v. Tanovitz
Robinson v. Tanovitz
Opinion of the Court
Plaintiff sued the defendants for $3,200 as the reasonable value of certain electrical installations consisting of electrical wiring, outlets, lights, lighting fixtures and other electrical devices which he allegedly installed at a certain retail store pursuant to an oral contract with defendants who orally agreed to pay plaintiff the reason-, able value for such installation and work. From a judgment that he take nothing, plaintiff appeals.
He questions the sufficiency of the evidence. Although there is a conflict in much of the testimony, we must, of course, consider only that which tends to support the findings and the judgment.
Our examination of the record convinces us that there is evidence which, together with the inferences which reasonably may be drawn from it, amply supports findings that there was no express contract for payment of compensation and that plaintiff did not render' services under such circumstances as would give rise to an obligation, implied or imposed by law, to compensate him for the reasonable value thereof.
Plaintiff computed his $3,200 claim upon the basis of 10 per cent of his estimate of the cost of the job, including equipment installed, materials used, and labor employed.
Plaintiff admitted upon the witness stand that he never had a conversation with Mike Tanovitz, or anyone, in Sonoma concerning his compensation as a contractor on this job; that there never was an agreement for payment to him; that he never told Mr. Tanovitz that the latter owed plaintiff money; and that he never presented a bill on this job.
This we deem a sufficient although not a complete summary of the supporting evidence.
The judgment is affirmed.
Peters, P. J., and Bray, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.