Kolmetsky v. Pellicoff
Kolmetsky v. Pellicoff
Opinion of the Court
The plaintiff and defendant entered into a contract, by the terms of which the plaintiff was to make alterations in and additions to an apartment house of the defendant in Atlantic City, furnishing all the material and doing all the work required for that purpose. This contract was in writing, and was made on the 4th of November, 1924, and specified the alterations and additions which were to be made and the price to be paid for the same. Subsequently certain changes and additions not provided in the original contract were ordered by the defendant and the work and materials required therefor were furnished by the plaintiff. This subsequent agreement was oral, and provided that the price to be paid by the defendant for its performance should be adjusted after the building was completed. The present suit was brought to recover the reasonable compensation to which the plaintiff was entitled for the work done and materials furnished under this verbal contract. The trial resulted in a verdict for the plaintiff, the jury awarding him $9,000.
The next point is that the court improperly allowed the following question, which was put to the plaintiff: “Now, where you do extra work and the price is to be adjusted after the contract is completed, what is the usual allowance or arrangement as to profit?” The argument is that this question was improper because the right of recovery was limited to the true value of the work done and materials furnished. But, in our opinion, true value necessarily includes a reasonable profit, and testimony as to what “the usual allowance as to profit” is becomes an element in determining what is the reasonable value of the work and labor done and materials furnished; that is, what is a reasonable compensation to be-paid therefor.
It is next argued that the trial court erroneously admitted in evidence bills for materials furnished to, and work done for, the plaintiff by third persons. They were objected to on the ground that they were incompetent unless proved by the people who furnished the materials or did the work. The bills in question were for work done and materials furnished by third persons employed by the plaintiff in the execution of the contract which was the basis of the suit; and, according to the testimony of the latter, had been paid by him. They were confirmatory of his testimony, and were admissible for that purpose, notwithstanding the fact that the persons-
The last reason for reversal is that the court erred in charging the jury that its verdict must be based upon the supplemental contract and not at all upon the original contract between the parties. The suit was based entirely upon the supplemental contract, and what has already been stated is dispositive of this contention.
The judgment under review will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.