Opinion
No. 22818.
Decided June 19, 1967.
Action by contractor to recover for services performed and materials supplied in the moving of a house. Judgment for plaintiff.
Affirmed.
1. CARRIERS — Moving of House — Services — Materials — Findings of Jury — Sufficiency of Evidence. In action by contractor for services performed and materials supplied in the actual moving of a house to a new location, reviewing court is of the view that there is ample evidence to support the findings and award of the jury in favor of the contractor.
Error to the District Court of Jefferson County, Honorable Martin C. Molholm, Judge.
John T. Dugan, for plaintiff in error.
No appearance for defendant in error.
Rehfeld House Movers, Inc. recovered judgment against the plaintiffs in error for the sum of $2,680.50 on its claim based upon a contract under which a house was to be moved to a new location since the ground upon which it was originally located had been taken for highway purposes.
The basis circumstances involved in the controversy are the same as those involved in the case of Ciocchetti v. McCrary, 161 Colo. 245, 421 P.2d 114. The principal difference between that case and the instant case and the instant action is that in the case above cited the claim was made by the contractor who had supplied labor and materials in the installation of a concrete foundation upon which the house was to be placed; however, the claim here is made by the contractor who performed services and supplied materials in the actual moving the house. The moving operation was halted before completion for the same reasons which are discussed in the case above cited, and we feel that no good purpose would be served by repeating them here.
There is nothing in the record before us, nor in the points argued by counsel for plaintiffs in error, which requires a reversal of the judgment. There is ample evidence to support the findings of the jury which were made on disputed evidence.
The judgment accordingly is affirmed.