RAKAUSKAS v. KONECNY


285 A.D. 984 (1955)

Jerome Rakauskas, Respondent, v. Charles F. Konecny et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 9, 1955.


After a trial the Official Referee has granted judgment to the plaintiff, a building contractor, for a balance found to be due upon an oral contract for the construction of a house for appellants. Plaintiff-respondent contends that the oral contract was a time and material contract whereby he gave an estimate, but was to be paid for materials and labor, including his own labor. He also contends that numerous and substantial changes requiring additional work and materials...

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