Pence

The plaintiff, a contractor and builder, brought this action to recover from the defendant an alleged balance of $1,066.84 on a building contract totaling $46,750, together with $1,282.16 for extras alleged to have been furnished at the request of defendant, and four hundred dollars claimed as a bonus under the contract, making a total for which judgment was demanded of $2,759.

The defendant, by answer and counterclaim, admitted the original contract price of $46,750, but alleges payment of all but $90.35, denies liability for four hundred dollars bonus, or any part thereof, and claims damages against plaintiff of $450 for delay in completing contract, $1,523 for items of material and labor not furnished as called for by the contract, and $1,685.15 for defective work and materials, and asks judgment on his counterclaim for $3,427.69.

On the trial of the case the court found that the original contract price due the' plaintiff was $46,750, and that he was entitled to extras in the sum of $205, and no more, and disallowed his claim of four hundred dollars as a bonus. The court further found that the defendant has paid on the contract $45,969.36, thus leaving a credit due the…