Gavros

The appeal is by the defendants from a judgment rendered against them in an action brought against them by the plaintiff to recover on an account for goods sold and delivered. The plaintiff pleaded its cause of action in two counts. In the first count it pleaded the reasonable value and in the second count it pleaded the agreed price. Each count was for the sum of $1,404. On the first count the plaintiff was by the findings awarded $730, and on the second count it was awarded $599. The services rendered by the plaintiff consisted of installing certain alterations and additions to the premises known as 6294 Mission Street in an attempt to improve it as a restaurant or cafe.

The appellants complain because the trial court excluded evidence to the effect that the respondent had performed other work on the premises at or about the same time as the work which is the subject of this dispute. Conceding that appellant had done so, the two accounts might be confused and commingled by the litigants. Nevertheless the appellants have not called to our attention any ruling made by the trial court that tended to create confusion. To have gone indiscriminately into other collateral matters…