Bruner

This is an appeal from a judgment in favor of plaintiff for $810, and interest, for work performed and materials supplied in setting in place the tile work for defendant’s residence.

The agreement, which was in writing, executed by defendant and plaintiff, provides that the “work must be satisfactory to the owner.”

The court found that the tile furnished by plaintiff was of the best quality, and that the work was done in a good workmanlike manner. It seems, however, that after the tile was set in place and through no defect in the workmanship or material, but probably because, as was intimated by one of the witnesses, the building contracted and expanded, the tile cracked or checked—became what is known to the trade as “crazed.” For this reason the work was not performed to defendant’s satisfaction. The court found, however, that it is the nature of all tile to craze; that the crazing of the tile on this job was not caused by any defects in the material or by any fault in workmanship ; and that, though the work was not performed to defendant’s satisfaction, it nevertheless was performed “reasonably satisfactorily,” and was “a satisfactory piece of work.”

Each of the court’s…