Fatta

In this action plaintiffs sued in quantum meruit to recover from defendant a balance for work and labor performed in constructing a house for him at his special instance and request. Defendant answered, denying the allegations of the complaint and, by cross-complaint, alleged that after the house was completed there had been an account stated between himself and plaintiffs, wherein it was agreed that plaintiffs were indebted to him in' the sum of four hundred dollars, all of which allegations were denied by plaintiffs, who, however, admitted that Angelo Fatta, one of the plaintiffs, was indebted to defendant in the sum of four hundred dollars, for which defendant held the note of Angelo and a pledge of certain personal property deposited as security for the payment thereof.

The issues were tried by jury, which rendered a verdict in favor of plaintiffs for $350, and in favor of defendant and against Angelo Fatta for four hundred dollars, from the whole of which judgment, and an order denying his motion for a new trial, defendant appeals.

As one ground for reversal the insufficiency of the evidence to justify the verdict is urged. The evidence is sharply conflicting, and while…