Opinion
Filed 9 November, 1966.
APPEAL by plaintiff from Brock, S.J., May 1966 Nonjury Session of WAKE.
Allen W. Brown for plaintiff.
Poyner, Geraghty, Hartsfield Townsend by Marvin D. Musselwhite, Jr., for defendants.
Small claim adjudicated under G.S. 1-539.3 et seq.
Plaintiff R. B. Stokes, the sole proprietor of R. B. Stokes Concrete Company, instituted this action to recover a balance of $671.71 allegedly due him for constructing "certain concrete walkways and other work" on defendants' premises. Defendants denied that they were indebted to plaintiff in any amount and alleged a counterclaim against him in the amount of $1,000.00. They averred that a swimming pool and the walks surrounding it, which plaintiff had constructed for them, contained defective materials and workmanship.
Plaintiff's evidence tended to show: On May 16, 1963, plaintiff contracted to construct a swimming pool for defendants at a cost of $4,600.00. He guaranteed the work for one year and agreed to give defendants a first-class job, and he performed his agreement. After the pool was finished, the parties entered into another contract for additional work on walkways and for "work under the house and the front yard." The cost of this additional work was $1,713.05. Plaintiff has made every reasonable effort to satisfy defendants, but Mr. Warden is a perfectionist who cannot be satisfied. The total unpaid balance due plaintiff on both contracts is $671.71 with interest from October 1, 1963.
The evidence for defendants tended to show: Contract specifications for the walks which plaintiff agreed to construct called for a drop of one inch in eight feet. The sidewalks were not so constructed but were put in "reasonably flat." As a result, water was trapped and "birdbaths" were created. After the first winter, cracks appeared in the corners of the swimming pool; some tiles cracked and paint chipped. Other defects were also enumerated. Defendants estimate that "75 to 80% of the jointed line area all the way around the pool" was defective in one way or another. Plaintiff promised to remedy the defects but failed to do so. Mr. Warden illustrated his testimony with colored slides showing the pool and the walks. One of his witnesses estimated that it would cost $1,037.40 to repair the defects.
Judge Brock answered the issues raised and entered judgment that defendants were entitled to recover $325.00 from plaintiff and that plaintiff was entitled to recover nothing of defendants. Plaintiff appeals.
This case involved only a factual dispute, which the judge has resolved. The assignments of error disclose no error of law.
The judgment is
Affirmed.