Fish

The complaint in this case contains two causes of action. In the first the appellant alleged the full performance of a contract entered into between the parties hereto on June 2, 1903, by the terms of which appellant agreed, during the month of June, 1903, or within a reasonable time thereafter, to construct and cause to be erected a Scotch granite sarcophagus or ' tombstone, with foundation upon or near the grave of Dominick Correll at or near Grafton, Yolo county, for the sum of four hundred and fifty dollars, which sum was to be paid to appellant by respondents upon the completion of the work. In the second cause of action it was alleged that respondents were indebted to appellant in said sum for the reasonable value of work, labor, services and material rendered and furnished at the request of respondents in the construction and erection of a “Scotch granite sarcophagus,” with foundation at or near said grave. The respondents, in their answer, denied the averments of the complaint and set up affirmative defenses which have no bearing on the questions to be decided by this court. Upon the trial, after appellant had rested his ease, the court granted a motion for a nonsuit, and…