Tennant

Plaintiffs, by their amended complaint and an “amended amendment” thereto sought to recover a balance alleged to be due on a promissory note executed by defendants in the original sum of $3,000; and in a second cause of action set up the written instrument which is the bone of contention in this appeal and which is as follows:

This count alleges that plaintiff Clarence S. Tennant thereby “undertook and agreed, for the sum of $3,000 to supply materials and labor for certain work on the Court Hotel Building” and that the actual cost did not exceed $2,500 and asks judgment for the difference of $500.

Defendants’ answer denied any indebtedness on the note and by way of counterclaim and set-off set up the same" instrument, alleging that thereby said Tennant “agreed and guaranteed that the cost of all labor and materials necessary for the full completion of the carpenter work of the building therein mentioned, according to general plans and specifications thereof, supplemented by oral agreement as to details, shall not exceed $3,000,” but that the cost upon completion exceeded $4,106.85, the difference between which figure and $3,000 they claimed as a set-off.

The trial was by jury…