Julian W. Curtis, Appellant, v. Russell A. Chambers, Appellee, 310 F.2d 857 (D.C. Cir. 1962)

This action was filed in the District Court by plaintiff [appellant], to enforce a mechanic's lien covering labor and materials furnished in the remodeling of defendant's [appellee's] property. Plaintiff sought to establish a lien in the sum of $15,031.63 on the property involved, and to have such lien enforced in accordance with Title 38, § 110 et seq., D.C.Code (1961).

Defendant, claiming an agreement with plaintiff under which the latter agreed to do certain work for the sum of $7,000, contended that he had made a payment of $4,000 on account thereof, and admitted liability in the amount of $3,000, which he professed willingness to pay. He denied liability for any extras or additional work which plaintiff performed.

After a lengthy trial, the court found that there was due and owing to plaintiff from the defendant the sum of $7,750, namely, that on the originally contemplated work defendant was in arrears to the extent of $3,000; and, for the extra work performed, the court found the fair price to be $4,750, including a profit of 10% above cost. Judgment was entered for plaintiff in the amount of $7,750, with the proviso that, if the judgment was not satisfied within thirty days, plaintiff might enforce his lien against defendant's property to the extent of $7,750. Plaintiff appealed.

Our examination of the record convinces us that the findings of the District Court are not "clearly erroneous."¹  Accordingly, it follows that the judgment of the District Court must be and is

Affirmed.