Chaban

Plaintiff sued in two common counts for labor and materials furnished in the interior renovation of- an apartment house. The cause was tried without a jury and resulted in a judgment for plaintiff in the sum of $1,357.75. Defendant appeals on .the judgment-roll alone.

The first count was on an express contract for the sum of $2,500, of which $1,250 had been paid. The second count was for the reasonable value of labor and materials alleged to be $357.75. The defense was based on allegations that the original contract had not been performed according to specifications and that the labor and materials covered by the second count were not furnished and were of no value. The defendant also filed a cross-complaint for damages in the sum of $2,000 for inefficient work and defective materials.

The trial court found the allegations of the complaint to be true generally save that plaintiff did not strictly perform the contracts and that the reasonable cost to defendant of performing would be $250, which sum she was awarded as damages. The allegations of the answer and cross-complaint were found untrue except as to the matter of damages above noted.

On this appeal the appellant argues…