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WOLFE v. PICKELL ET AL. (12/16/64)

decided: December 16, 1964.

WOLFE
v.
PICKELL ET AL., APPELLANTS



Appeal from judgment of Court of Common Pleas of Delaware County, March T., 1962, No. 1235, in case of Harold W. Wolfe and Charles W. Hale, trading as Wolfe & Hale, v. Frank G. Pickell, Jr. et ux.

COUNSEL

William P. Thorn, with him Thorn, McConemy & Ohrenstein, and Rocap and Rocap, for appellants.

Benson Zion, for appellees.

Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (Rhodes, P. J., absent). Opinion by Watkins, J.

Author: Watkins

[ 204 Pa. Super. Page 542]

This appeal is from the judgment of the Court of Common Pleas of Delaware County refusing appellants' motion for a new trial.

The case was tried before a judge and jury and resulted in a verdict for appellees in the sum of nine thousand five hundred twenty-seven dollars and twenty-eight cents ($9527.28) including interest, and for the appellants, on their counterclaim, in the sum of one thousand dollars ($1000); this verdict was then molded by agreement to one for appellees in the sum of eight thousand five hundred twenty-seven dollars and twenty-eight cents ($8527.28).

In reviewing this matter on appeal we are constrained to view all evidence in a light most favorable to the appellees and to draw all inferences therefrom in their favor since they are the winners of the verdict.

A review of the record yields the following summary of events. The appellants were the owners of an Early American home on Paper Mill Road in Newtown Square, Pennsylvania, to which they wanted to make additions and extensive renovations. Plans were apparently secured and bids were sought on a fixed price

[ 204 Pa. Super. Page 543]

    contract. The appellees were asked to bid but refused because they were too busy and because they were unable to make a firm bid because of the nature of the old structure and the work to be done.

The parties to this action were not strangers, appellees had done jobs for appellants on at least two prior occasions on the basis of labor and material oral contracts, which resulted in appellants actively seeking appellees' services to do the work now contemplated. As stated by all parties to this controversy it was finally agreed in May, 1959 that appellees would undertake the job on a material and labor basis.

The work was begun on or about May 4, 1959 and completed November of 1959. Though estimates had been made at various times by appellees, ranging from eighteen thousand to thirty-five thousand dollars, and at one time an estimate of twenty-eight thousand dollars, based upon a set of prints and specifications to enable appellants to secure a loan from a Building and Loan Association, the final bill totaled thirty-eight thousand ninety-two dollars and fifty-six cents ($38,092.56) for labor, and materials, including subcontractors. Periodic payments totaling ...


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