78 So. 2d 361 | Miss. | 1955
About September 15, 1952, appellants and appellees entered into an oral agreement whereby appellants agreed to furnish all materials and labor and construct a porch on the home of appellees, with concrete floor, roof overhead, and screened, for a consideration of $1,047.00. The work was completed about the latter part of December, 1952, and in January, 1953, appellees paid appellants $460.00 on the contract price. Having failed to pay anything further, the appellees were sued by appellants in November, 1953, under Section 360, Code of 1942, for an alleged balance of $587.00 and interest. The declaration is based upon the contract, but in addition there was attached thereto a sworn itemized statement of the materials that went into the job and the amount paid for labor. Appellees by their answer admitted the contract, but averred that in accordance therewith the concrete floor was to be reinforced, and that the floor was laid without any reinforcement and has already cracked; it was also averred in the answer that the porch ceiling-had buckled, which from the proof it appears was due to a leak in the roof; and appellees denied that they owe anything further until the contract is substantially complied with. Trial was had on the issues thus made and the jury found in favor of appellees and from judgment thereon this appeal is prosecuted.
Affirmed.