Horn

This is an appeal by plaintiff from a judgment-in favor of defendant, and from an order denying plaintiff’s motion for a new trial.

Plaintiff sued to recover judgment for the sum of $217.50, as the reasonable value of labor and materials furnished in doing extra work on a building constructed by plaintiff for defendant, and to foreclose a mechanic’s lien therefor. Defendant in his answer does not, deny that extra work was done on the building, but denies that no price was agreed upon therefor, but in this regard alleges that for a portion of said extra work it was specifically agreed that the price should be $129.-55, ‘ ‘ and that the reasonable value of the work performed and materials furnished at the special instance and request of said Martinho, on said building, termed in said paragraph VII ‘ extra work, ’ and on which there was no agreed price, was and is the sum of $47.25 and no more. ’ ’

Upon the trial of the issues presented in the action,, plaintiff was called as a witness in his own behalf, and while being examined concerning the work alleged to have been done, testified that he performed certain extra work and several things that he did not remember, and in answer to…