Gribling

On September 7, 1912, an agreement in writing was made between respondent A. L. Gribling and L. Wether all whereby Wether all was to do certain painting and finishing in a building then under construction by Gribling as general contractor. Before any work was done under this contract of September 7th, Wether all executed to appellant Bohan a writing in which he said that for a valuable consideration “I hereby assign to Mr. Bohan” the said contract ami “I direct Mr. Gribling to pay all moneys to Mr. Bohan.” Thereafter work was done in part performance of the painting contract. This work was done by S. Thomas and men under his supervision, engaged therefor by appellant and payments on account were made by respondent to appellant. On December 21, 1912, appellant informed respondent that he would furnish nothing more on the job and that respondent could take any action or employ any men that he saw fit to employ to finish the work. The work having been abandoned by appellant, respondent caused it to be completed at a reasonable cost, which was in excess of the contract price. The appeal is taken by defendant from a judgment against him for the amount of this excess.

Appellant…