U.S. Court of Appeals for the D.C. Circuit, 1962

Julian W. Curtis v. Russell A. Chambers

Julian W. Curtis v. Russell A. Chambers
U.S. Court of Appeals for the D.C. Circuit · Decided November 1, 1962 · Miller, Washington, Bastían
310 F.2d 857; 114 U.S. App. D.C. 52; 1962 U.S. App. LEXIS 3775 (Federal Reporter, Second Series)

Julian W. Curtis v. Russell A. Chambers

Opinion

PER CURIAM.

This action was filed in the District Court by plaintiff [appellant], to enforce a mechanic’s lien covering labor and materials furnished in the remodeling of defendant’s [appellee’s] property. Plaintiff sought to establish a lien in the sum of $15,031.63 on the property involved, and to have such lien enforced in accordance with Title 38, § 110 et seq., D.C.Code (1961).

Defendant, claiming an agreement with plaintiff under which the latter agreed to do certain work for the sum of $7,000, contended that he had made a payment of $4,000 on account thereof, and admitted liability in the amount of $3,000, which he professed willingness to pay. He denied liability for any extras or additional work which plaintiff performed.

After a lengthy trial, the court found that there was due and owing to plaintiff from the defendant the sum of $7,750, namely, that on the originally contemplated work defendant was in arrears to the extent of $3,000; and, for the extra *858 work performed, the court found the fair price to be $4,750, including a profit of 10% above cost. Judgment was entered for-plaintiff in the amount of $7,750, with the proviso that, if the judgment was not satisfied within thirty days, plaintiff might enforce his lien against defendant’s property to the extent of $7,750. Plaintiff appealed.

Our examination of the record convinces us that the findings of the District Court are not “clearly erroneous.” 1 Accordingly, it follows that the judgment of the District Court must be and is

Affirmed.

1

. Fed.R.Civ.P. 52(a).

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