Citation Numbers: 61 A.2d 54, 137 N.J.L. 534
Judges: The opinion of the court was delivered by COLIE, J.
Filed Date: 8/30/1948
Status: Precedential
Modified Date: 1/12/2023
The plaintiff, Eagle Roofing Co., instituted suit against the defendant, Charles May, wherein it sought to recover the sum of $215, the unpaid balance on a roofing contract for $415. The defendant, May, counter-claimed alleging that the contract was performed in an unworkmanlike manner; that as a result thereof certain personal property was damaged and sought to recover damages therefor. The state of case settled by the trial judge discloses that the plaintiff proved a balance due under the contract of $200; that the defendant, May, testified to damages as a result of leaks in the roof amounting to $317 and the trial court entered judgment on the counter-claim in that amount. From this judgment Eagle Roofing Co. appeals.
In Dyer v. Lintz,
Plaintiff in its brief contends that "he [defendant] should have had judgment for the contract price of $415 less any defects found in the performance of the contract, viz., deduction of $317 from $415 would have meant a balance of $98 due plaintiff; which, deducted from the $215 already received by plaintiff would result in a judgment of $117 for defendant at best." With this contention we are in agreement and since it is the only meritorious point on this appeal, judgment is entered for the defendant for $117 and costs.