Kubowitz

The plaintiff Kubowitz brought an action against the defendants Canon, husband and wife, to recover an amount which he claimed to be due to him for labor performed and materials used upon certain residential property from September 1, 1952, until June 30, 1957. The trial court found that on or about July 1, 1955, the defendants Canon became indebted to the plaintiff in the sum of $7,046.67, and on June 30, 1957, became additionally indebted to the plaintiff in the sum of $66; it was further found that the amount of $2,350 was due from the plaintiff to Mr. Canon as rent for a portion of the premises. A judgment was accordingly entered in favor of the plaintiff in the sum of $4,762.67. Thereafter, the defendants’ motion for a new trial was heard by a judge other than the trial judge because of the latter’s absence from the county of Los Angeles. (See Code Civ. Proc., §661.) Before ruling upon that motion, the judge read the reporter’s transcript of the proceedings at the trial. The motion was granted, the order stating that it was granted on the grounds specified in the motion, “including the insufficiency of the evidence to justify the decision. ’ ’ The plaintiff has appealed from…