JONES v. POLLOCK

Docket No. L.A. 21225.

34 Cal.2d 863 (1950)

215 P.2d 733

J. ELBERT JONES, Appellant, v. JAMES POLLOCK et al., Respondents.

Supreme Court of California. In Bank

March 14, 1950.


Attorney(s) appearing for the Case

Bruce Mason and Clark Heggeness for Appellant.

Raymond J. Kirkpatrick and Moses E. Lewis for Respondents.


EDMONDS, J.

J. Elbert Jones, a building contractor, sued to foreclose a mechanic's lien and to recover a balance claimed due under a written contract to construct a residence for James and Jane Pollock. The court determined that recovery must be limited to "the estimated cost" stated in the contract, plus extras, rather than the amount of the cost of construction. The appeal of Jones from the judgment presents as a question of law the nature and effect of the agreement...

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