Seebach

This action was brought by a contractor to recover the last two payments, amounting to $1,465, under a building contract, he claiming to have completed the work contracted for, the third payment being payable on completion of the work, and the fourth and last payment thirty-five days thereafter.

The action was tried with a jury, and upon their special and general verdict judgment was entered for plaintiff for the sum of $1,426. This is an appeal by defendant from the judgment and the order denying his motion for a new trial.

The building was to be erected by several independent contractors, each agreeing, by a separate contract with the owner (defendant) to do specified portions of the necessary work.

The contract between plaintiff and defendant was entirely in writing, signed and executed by them and duly filed, with .the plans and specifications, in the recorder’s office before the work was commenced.

By the terms of the contract plaintiff was to furnish all the labor and materials required, and perform and complete in a workmanlike manner, all brick work, all granite work, all concrete and artificial stone work. A part of this work, as found by the special verdict,…