Shelton

The complaint in this action sets forth: That in October, 1914, the defendants (there are nine of them) entered into a written -contract with plaintiff in and by which he agreed to construct a wagon road in Mendocino County (describing it), and for -his compensation therefor the defendants agreed to pay him two dollars per rod for all that portion thereof that had not been swamped out, and one dollar and fifty cents per rod for all that had been swamped.

That in pursuance of said contract he built 489 rods of road that had been swamped out, and 31634 rods of road which had not been swamped out, and that the agreed price therefor was $1,367.50. That he had been paid on account thereof three hundred dollars, and there is still due and unpaid to him for constructing said road the sum of $1,067.50, for which amount judgment was asked.

The answer is, first, a general denial of all the allegations of the complaint. It then affirmatively alleges that defendant on October 17, 1914, entered into a contract with plaintiff to build the road for the prices per rod stated in the complaint, and this is followed by:

“That it was expressly understood and agreed by and between the plaintiff and…