Hoffmann

This is an appeal from a judgment by default entered against the plaintiff after a demurrer to his complaint had been sustained, and he had failed to amend within the time allowed by the court.

Plaintiff does not appear to rely upon the first count as a sufficient statement of a cause of action. His brief is confined to a discussion of the matters set forth in the second count. We therefore will not discuss in detail the allegations of the "first count. Suffice it to say that it manifestly fails to state a cause of action.

The second count alleges that plaintiff and defendant agreed that the plaintiff should select a lot in Alameda on which defendant agreed to build a cottage according to designated plans; that the plaintiff did select the lot and that defendant did erect the cottage; that it was agreed that in consideration of the defendant purchasing the materials and erecting the house plaintiff should pay him the sum of $1,900. The time, manner and terms of agreement as to payments are alleged to be as follows: “When house is inclosed and rustic and roof on and ready for plaster $1,000, out of which sum is to be paid $700 for balance purchase price of lot, and deed of which…