Peck Construction Co. v. Flack
Peck Construction Co. v. Flack
Opinion of the Court
The opinion of the court was delivered by
The action was one for the balance claimed to be due a contractor for constructing a garage, a foundation for a house, and a house built on the foundation. The plaintiff recovered, and the defendant appeals.
The controversy arose over changes and extras, and the defendant contends the plaintiff’s witnesses were interrogated in such a way that value of items of the plaintiff’s account for material and labor was not proved. The defendant was to pay cost of certain items, and cost was testified to from paid bills. In some instances value was established according to approved method. Very often in the course of the trial the question relating to an item took substantially the form of, “How much was that?” In no instance was objection made to the form of a' question on the ground it would not elicit value. The issue was value, the testimony was tendered to show value, and, if the defendant did not desire to concede probative force to the testimony, he should have interposed objection when the testimony was offered. He could not remain silent until the trial was over, and then, when defeated, complain of the form of questions.
. The defendant contends the verdict was not supported by evidence. It would serve no purpose for which decisions of this court are reported to cumber this opinion with a discussion of the various
The judgment of the district court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.