Fierce

The plaintiff had judgment against the defendant for the sum of $1077.66, balance alleged to be due for and on account of certain work performed by the plaintiff pursuant to contracts hereinafter referred to. From this judgment the defendant appeals.

The record shows that both the plaintiff and defendant were building contractors, and that the defendant had a contract for the erection of a certain school building; that on or about the twenty-third day of January, 1925, Deatherage & Lyon, manufacturers’ agents, submitted to the defendant Reed a proposal to perform certain work and furnish certain materials in the construction of the school building for which the defendant Reed had a contract. This proposal, so far as necessary to be considered herein, reads as follows: “This proposal includes necessary slate blackboard for the net price of Four Thousand Dollars ($4000.00). If two toilet rooms on second floor are changed to classrooms, Alt. bid No. 2 add this footage to above figure at seventy-nine (79c) cents per sq. ft. installed. If 4-room wing is omitted, Alt. bid No. 4, deduct from above figure Two Hundred and Ninety-two Dollars and eighty cents ($292.80). Includes—Necessary…