Brinckle v. England

Citations

• 25 Del. 16
• 2 Boyce 16
• 78 A. 638
• 1910 Del. LEXIS 63

Syllabus

<p>1. Work and Labor — Right of Action — Performance of Contract.</p> <p>If plaintiff prepared plans and specifications at defendant’s request for the alteration of a building, he could recover a fair and reasonable sum as compensation, though defendant rejected the plans when prepared, if they substantially conformed to defendant’s directions; but, if plaintiff was employed to furnish plans for alterations not to exceed a certain sum in cost, he cannot recover for preparing plans for alterations exceeding that sum, unless substantially the same.</p> <p>2. Work and Labor — Actions—Evidence.</p> <p>In determining whether plaintiff substantially complied with defendant’s instructions in preparing specifications for the alteration of a building, in an action for compensation for preparing them, the jury should consider the character of the alterations, whether the work was the construction of a new building, or altering another one, and any other evidence tending to show whether plaintiff complied with defendant’s instructions as to the cost.</p> <p>3. Work and Labor — Right of Action — Performance of Contract.</p> <p>If specifications made by plaintiff for defendant for the alteration of a building made the cost of the alterations exceed that prescribed by defendant after plaintiff had begun to prepare the specifications, plaintiff could only recover for services rendered before being notified to limit the cost to a particular sum.</p> <p>4. Evidence — Weighing Testimony — Credibility.</p> <p>The jury should reconcile conflicting testimony, if they can, and, if they cannot, should be governed by that testimony which they deem most credible.</p> <p>5. Evidence — Weight—Preponderance.</p> <p>To authorize a verdict for plaintiff in an action for work and materials, the jury must be satisfied by the preponderance of the evidence that plaintiff has established his right to recover.</p>