Mahone

This is an action growing out of a building contract made March 17, 1920, between plaintiff as owner and defendant as contractor, which plaintiff asserted, and the court found, had not been duly performed by defendant. Judgment was rendered in plaintiff’s favor for $815 as damages, and from that judgment defendant appeals.

Plaintiff’s amended complaint alleges the making of the contract for the erection of a residence building, all the work of which, except heating and painting, was to be done by defendant according to plans and specifications of Frank O.-E'ager, architect, for the sum of $5,200. The contract provided that the work should be completed within 120 working days. Plaintiff avers, also, that defendant failed to construct the building according to the plans and specifications in numerous particulars; further, that completion was delayed; and that plaintiff has suffered damages in the sum of $3,000. In reference to some, but not all, of the defects specified, the court found that defendant had not complied with his contract, and particularly that he failed to nail down the hardwood floors properly, or to construct in workmanlike manner the windows and outside wall, or…