Ledbetter

Plaintiff sued upon a complaint setting forth four causes of action—to recover a balance due on an express contract for the construction of a bulkhead at Seal Beach, Orange County; a common count for the balance of the reasonable value for the same work; a common count based upon the reasonable value of labor and materials furnished in repairing a portion of the bulkhead which had been washed out; and a cause of action alleging that this repair work had been performed under an express contract termed a “force account” contract or one calling for payment of all cost plus ten per cent. Plaintiffs had judgment on the first cause of action in the sum of $326.10 and upon the third cause of action in the sum of $2,081.07. To the amount found due under the third cause of action the trial court added interest from the date of performance in the amount of $365.06. Plaintiffs stipulate that this interest should not have been allowed and consent to a modification of the judgment in that respect.

No error is assigned as to the portion of the judgment relating to the first cause of action, but appellant insists that the contract was not fully performed and that it should have been permitted…