Carpenter

Appeal from a judgment for the defendants and from an order denying the plaintiffs’ motion for a new trial. The suit was brought on a written agreement of the plaintiffs with defendants to furnish all inside mill work for a building on defendants’ premises, as per detail then in their possession, among which the following appear in the specifications: “All interior finish, etc., to be constructed of selected, even-colored and even-grained, kiln-dried lumber of the several kinds specified, all to be neatly hand smoothed, ■scraped and sandpapered to perfect, smooth, even finish, no tool or sandpaper marks to be left on same. All oak finish and finish in dining-room below architrave to be secret nailed. Balusters (of the main stairs) to be . . . glued into steps and glued into rail”; the contract price of one thousand dollars. to be paid before the commencement of the work.

The complaint alleges a completion of the work in accordance with the terms of the contract, and that plaintiffs had been paid on the contract price the sum of nine hundred dollars, leaving unpaid—with allowance for the omission of certain work by agreement—the sum of $94.75, with interest; and that there is now…