Swansey v. Lightfoot

OPINION ON MOTION FOR REHEARING

Appellant on motion for rehearing brings attention to the discrepancy between the original contract price of $5238.00, which was the amount entered in the trial court’s judgment, and the amount stated in our opinion as the amount found by the trial court as due under the contract ($5363.00). The difference came about because of a $125.00 change order added to the original contract. Appellant states that the record discloses that the parties stipulated to the amount of $5238.00.

The trial court’s findings, the contract in question, the stipulation of the parties, the statement of account due (introduced by the appellant) all come within the amount of $5238.00 finally awarded by the trial court as its judgment of the amount due and owing. We have made no attempt to modify this judgment.

Appellant’s motion for rehearing is overruled.