Dente v. Bullis

Collins, J., delivered the opinion of the Court. This is an appeal by Albert F. Dente and William H. Ulrich, Appellants, from a decree of the Circuit Court for Harford County in Equity, sustaining a bill in equity to enforce the mechanics’ lien of Hubert A. Bullís, appellee, and sustaining this lien against the land and premises of the appellants. The appellants were the owners in fee simple as tenants in common of a large tract of land on the Bush River in Harford County. During January and February 1947, Dente, and his then wife now deceased, negotiated with the appellee to build a home for them on one of the lots in this tract.

The appellant, Ulrich, had nothing whatever to do with the contract for building the house. Dente claimed that he contracted with the appellee to build the house for the price of $6,000, plus $400 for two extra dormer windows, plus $500 for hot water heat, and plus $400 for a sea wall, a total of $7,300. On the other hand, the appellee claimed that the house was to be built on a time and material basis. After Dente had paid Bullís $8,880.55 in cash, he said he discovered that the amount paid was in excess of the amount of the contract under which Bullís agreed to build the house and refused to pay Bullís any additional money.

The additional amount claimed under the mechanics’ lien is $2,189.40 with interest. ²⁴⁰ Without reciting in detail the testimony, it is enough to say that we have the testimony of the appellant, Dente, without any corroboration, on one hand that the work was to be done on a contract basis, and that of the appellee on the other that the house was to be built on a time and material basis. It is not disputed that Bullis built the house. When we consider that Dente had paid to Bullis the sum of $8,880.55 on a supposed contract of $7,300 before he said that he discovered he had overpaid the contract price, this more or less negatives the contract. Dente, to substantiate the contract, relies heavily on the fact that blueprint plans were given by Dente to Bullis.

However, we must note that many details were not shown on these plans. Appellant, Dente, further contends that, if it is held that this construction work was done upon a time and material basis, the amount charged by the appellee is excessive. To sustain this contention, he relies on the testimony of another contractor, Richard D. Ayres, as to the proper ratio of labor costs to the costs of raw materials and based on those calculations contends that the claim submitted by the appellee is excessive. Dente also stresses the testimony of H. Edward Coale, an expert witness for the appellee, as to the ratio between cost of raw materials and labor.

He also offers testimony of other witnesses who estimated the number of concrete blocks used. Appellant also relies on Mr. Ayres’ estimate as to what the cost of all the improvements on the Dente lot should amount to. We have in this case a sworn statement of the appellee as to the labor and material furnished. Bullis built the house and the only testimony to contradict his statement as to time and material consists of abstract calculations based on the ratio between time and material, and testimony of persons who examined the house after it was built and calculated what it should have cost.

As we have observed in many equity cases, the