Jones

This is an action for damages for the alleged breach by the defendants of a building contract.

The cause was tried by the court, sitting without a jury, and judgment passed for the defendants. The plaintiff appeals upon a record prepared in accord with sections 953a and 953b of the Code of Civil Procedure.

The nature of the contract upon which this action is founded is in substance well explained in the complaint as follows:

The complaint alleges that, upon the making of said contract by the plaintiff and the defendants, the former forthwith entered upon the performance of the terms thereof, “and between the 11th day of December, 1923, and the 23d day of February, 1924, drew and prepared plans and specifications for the building and appurtenances described in said contract.” It is alleged that, at all times from the date of the making of said contract, the plaintiff has been “and now is” ready, willing, and able to fully and punctually perform all the covenants on his part to be performed, as set forth in said contract, but that he has been prevented from so doing by the “defendants’ failure, neglect and refusal to perform said contract on their part; and their refusal to allow…