Paonessa

This is an appeal from a judgment wherein it was held that plaintiff take nothing as against defendants, and that cross-complainants Alfred E. Paonessa and Dorothy Paonessa recover judgment against plaintiff, for failure to construct a residence according to certain plans and specifications.

It appears that defendants Mr. and Mrs. Paonessa entered into a contract with plaintiff for the erection of a home. The lot upon which the structure was to be erected was irregular in shape and sloped sharply from the rear toward the front. The first dispute arose as to the location of the building upon the lot but this difference was finally settled by an engineer engaged for that purpose. The manner in which the foundations were laid, however, required a change in certain dimensions as originally agreed upon by the parties. During the progress of the building operations defendants were almost daily on the job, but after the work had been carried on about two months an architect was engaged to inspect the construction, who from that time on supervised the job. Shortly before plaintiff tendered the building to defendants the architect wrote to the builder requiring certain changes in the…