L.B. Cole Produce Co. v. Industrial Commission

Nothing in the record sheds any light on the contract between the owners and the contractor, and it may well be assumed that it was not in writing. It is shown that originally it was to be a small job, but subsequently additional work had been requested by the owners and Thompson reported to Erlich on several occasions that he was doing additional work for the owner. At any rate, there is no showing in the record that any contract concerning this work ever was filed in the office of the county clerk and recorder of the county where the premises were located; there is ample testimony concerning payments and credits; and the allegation of the balance due, to firmly establish that the contract, oral or written, was in excess of $500.00. The trial court found that the contract was not in writing and no memorandum thereof ever was recorded. It appears that the last work, as a completion of the job, was on May 11, 1953.