Kling

This is an appeal from the judgment entered against the defendant. The action was to recover the sum of $4,726.51, alleged as an unpaid balance due from the defendant to the plaintiffs upon a contract for the erection of a hotel building in the city of San Bernardino. Various installment payments were made to the contractors while the building was in course of construction, amounting to $52,350. The contract provided that no payment should be made except upon the production of the certificate of the architect, and the contention of the appellant is that, not only was there a failure on the part of the plaintiffs to show that the building had been constructed as required by the specifications, but that there was a failure also to produce an architect’s certificate evidencing the fact of final completion and the right of the plaintiffs to receive complete payment. The court upon sufficient evidence, as is disclosed by the bill of exceptions, found that there had been a substantial completion under the contract and specifications, and the appellant, therefore, must rest his claim for reversal of the judgment upon the fact that the plaintiffs failed to present the architect’s…