Sonoma

This is an action for the recovery of the possession of specific personal property or, if delivery cannot be had, for the value thereof.

■ The facts are not disputed so far as they concern the main question involved.

One MacQuiddy entered into a written contract with defendant, city of Sonoma, to erect a city hall. This contract was duly recorded and its validity is not questioned. MacQuiddy entered into a written contract with plaintiff whereby plaintiff agreed to “furnish and set on the roof of the New City Hall, ... as per plans and specifications by architect, A. C. Lutgens, all of the Spanish ‘S’ Tile and finishings required, said material and work to be satisfactory to said architect.” Plaintiff also agreed to “complete said work” within a time stated “after receipt of full sized detail drawings of said roof,” and guaranteed “said roof against leakage caused by defects of workmanship or material for period of two years from and after completion of roof, ...” and to “furnish said material and perform said work for the sum of $875.00.” It was also agreed that said MacQuiddy will pay said sum “upon completion of the work on the roof of said building in accordance with the…