H. W. Dawson v. Russell W. Eldredge and

Dawson, appellant, institutes his second appeal in this action for a review of the trial court's determination on remand. The facts of this case are set forth in the first appeal, Dawson v. Eldredge, 84 Idaho 331, 372 P.2d 414 (1962). The original action was instituted for materials and services rendered in the building of a house for respondents, Russell and Erma Eldredge. Respondents contended that the obligation was under an oral contract for a fixed sum rather than for materials and labor as contended by appellant. On appeal this court affirmed the judgment of the trial court that the contract was for a fixed sum but remanded the cause to the trial court to: