Bates v. St. Anthony's Church of South Omaha

• Decision Date: 31 December 1923
• Docket Number: 22623
• Citation: 196 N.W. 638,111 Neb. 426
• Parties: CHARLES S. BATES, APPELLANT, v. ST. ANTHONY'S CHURCH OF SOUTH OMAHA, APPELLEE
• Court: Nebraska Supreme Court

196 N.W. 638

111 Neb. 426

CHARLES S. BATES, APPELLANT, v. ST. ANTHONY'S CHURCH OF SOUTH OMAHA, APPELLEE

No. 22623

Supreme Court of Nebraska

December 31, 1923

APPEAL from the district court for Douglas county: WILLIS G. SEARS JUDGE. Affirmed.

AFFIRMED.

Edward R. Burke, for appellant.

E. F Leary, contra.

Heard before MORRISSEY, C. J., ROSE, DEAN and GOOD, JJ., REDICK District Judge.

OPINION

GOOD, J.

This is an action for the foreclosure of a mechanics' lien in which plaintiff alleges there was a balance of $ 1,110 due him on a contract to furnish material and perform labor. The defendant admits that plaintiff furnished the material and performed the labor, but denies that there was any contract as to the amount that plaintiff should receive therefor. The trial court found there was due plaintiff the sum of $ 650, and entered a decree accordingly. Plaintiff appeals.

The principal question for determination is as to whether there was a definite contract between the parties for furnishing the material and labor. The record discloses that a number of pews and kneeling benches in defendant's church building were destroyed and others damaged by fire. After the pews and benches had been removed from the church building and piled outside, the priest in charge of the church requested the plaintiff to make a bid on rebuilding and repairing them. Plaintiff replied that it would be impossible to make an estimate upon them in their present condition, as they were partially covered with snow at the time. He volunteered to take the pews and kneeling benches to his shop or planing mill, clean them up, and see how much new material would be required, and would then tell the defendant's representative about what it would cost to "make them over." A few days later the plaintiff returned, and, according to his testimony, the following conversation occurred: "I gave him (meaning the priest in charge) a price of, an estimate of between $ 1,125 and $ 1,200. Couldn't determine the exact amount, guaranteeing that it would not cost over $ 1,200." The priest in charge told him to go ahead and do the work. This, in substance, is the arrangement under which the material was furnished and labor performed. After the pews and benches had been rebuilt and repaired and returned to the church building, plaintiff rendered a bill for $ 1,160, on which $ 50 has been paid. Plaintiff filed mechanics' lien for the balance.

Plaintiff argues that the language above quoted is sufficient to constitute a contract for $ 1,160. The general rule is that when an offer is made by one party, looking to the making of a contract, the other party must accept the offer as made;...