Mongerson

This is an appeal on the judgment-roll from a judgment in favor of the plaintiff in the sum of $2,333.57. Plaintiff asks us to modify the judgment and affirm it as modified. Defendant has filed no brief but his counsel appeared at the oral argument and stated that his client desired the reversal of the judgment which had been rendered against him.

The complaint states a cause of action in the form of a common count for $4,075.06. The answer denies any indebtedness of defendant to plaintiff. Defendant filed a cross-complaint asking damages for breach of a contract to manufacture dies and parts of a bread-cutting machine. The answer to the cross-complaint denied the breach of contract and alleged a contract whereby defendant agreed to pay plaintiff the market price for the materials used, and two dollars an hour for the time consumed in making dies for the machine, and twenty-seven cents each for five thousand sets of certain parts of the machine. He alleged his performance of the contract and delivery to defendant.

The trial court found all issues in favor of plaintiff and cross-defendant; that five thousand parts were manufactured at the agreed price of twenty-seven cents, or a…