Giberson

The plaintiff brought this action to recover the sum of one thousand dollars paid by her to the defendant on the purchase price of a dwelling house, erected by the defendant on a lot situated in East Sacramento. On the fifth day of February 1913, the plaintiff and the defendant entered into and executed a written contract, whereby the latter agreed to erect upon a lot owned by him a dwelling house or cottage, and to sell and convey the same to the plaintiff for the sum of two thousand two hundred, dollars, of which amount the plaintiff agreed to pay and did pay the defendant, upon the execution of said contract, the sum’ of one thousand dollars, the balance of the purchase price to be paid in monthly installments of seven dollars, payable on the fifteenth day of each month and until the purchase price was fully paid. Subsequently the parties made the following supplementary agreement:

The theory upon which the plaintiff claims the right to a recovery is that the defendant failed to perform the terms of the agreements, in this: 1. That he did not complete the construction of the house within a reasonable time; and, 2. That in the construction of the cottage he deviated in material…