SMITH v. WESTERVELT

No. 11595.

356 So.2d 463 (1977)

C. B. SMITH, d/b/a CBS Builders v. Paul WESTERVELT, Jr.

Court of Appeal of Louisiana, First Circuit.

November 21, 1977.


Attorney(s) appearing for the Case

Richard L. Muller, Mandeville, for plaintiff-appellee.

Harold B. Carter, Jr., New Orleans, for defendant-appellant.

Before BLANCHE, COVINGTON and CHIASSON, JJ.


BLANCHE, Judge.

Paul Westervelt, Jr., defendant-appellant, is appealing from a judgment for $1,174.60, representing the balance due the plaintiff-appellee under an oral cost-plus construction contract.

Defendant-appellant questions the right of the contractor, C. B. Smith, d/b/a CBS Builders, to include as costs the charges for his own labor and to include $601.20 as 10 percent over-head cost in addition to the oral agreement of "cost plus ten percent."

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