Gale

The parties to this action entered into a contract in writing whereby appellant agreed to construct for respondent at the city of Riverside two bungalows and a garage according to plans and specifications, and respondent agreed to pay therefor the sum of $6,900, as the work progressed, in three equal installments of $2,300 each. The buildings were completed, respondent paid the first two installments, and took possession, but declined to make the final payment on account of various alleged wilful or negligent violations of the contract through failure to comply with the specifications. This action was instituted for the recovery of the sum last mentioned.

The case was tried before the superior court, without a jury, and the trial court made findings from the evidence, enumerating 24 technical specifications, designated by letter from “a” to “x,” inclusive. Twelve of these it found had not been complied with, and also that the defendant had been damaged thereby in the sum of $1,213; it further found that $140.90 had been paid in addition to the $4,600 admitted by the complaint, and that the amount remaining unpaid was $946.10. Conclusions of law were signed and filed, reciting…