Bukachek v. Blazek
Bukachek v. Blazek
Opinion of the Court
Plaintiff contracted to construct a barn for defendant and performed the
The complaint alleged an agreed price for this labor and material. Plaintiff seems to have taken it for granted that he was entitled to the amount claimed if he established the subsequent agreement, and defendant apparently did not question the price at the trial. Plaintiff offered in evidence a statement of his account with defendant containing the item of $130 for extra labor and material. The court asked if there, was any objection to it and defendant replied: “There is no objection. I will introduce the proper one later on. It is good as far as it goes.” Later defendant himself introduced in evidence another statement of the account which he had received more than a year before the commencement of the action and which contained this same item. We are of opinion that the evidence is sufficient to sustain the verdict of $130 for this extra labor and material.
We find nothing in the record to justify the aspersions upon the trial judge found in defendant’s brief and all of this brief following after the first two lines on page six will be stricken from the record. The judgment is affirmed.
Reference
- Full Case Name
- FRANK BUKACHEK v. FRANK BLAZEK
- Status
- Published