Selvage

Plaintiff recovered a judgment for $2,251.81 for performing certain excavation work. Trial was by jury. Defendant appeals from the judgment, assigning errors which largely involve questions of fact.

Maurer & Son were awarded a contract by the United States government to construct a United States Coast Guard station consisting of a marine ways, a building and the excavation of a land approach on the ocean shore at Pt. Reyes, California. They sublet to Selvage, the plaintiff and respondent herein, the construction of the substructure (pile driving) and launchways for the sum of $3,000. This subcontract was in writing and provided, among other things, for partial payment of seventy-five per cent of the work completed on the 1st of each month at the request of Selvage. Selvage came to the scene and commenced to make ready for this work. It appeared that it was necessary for the land excavation to be completed before the pile driving for the substructure should be commenced. A. L. Maurer, the son mentioned in the corporate name of appellant, was acting as general superintendent - of the entire work covered by the government contract with Maurer & Son. Appellant asked Selvage to give a…