Laiblin

The plaintiff brought this action to recover from the defendant the sum of $18,991.69, claimed to be due him for work or services performed by him for the defendant in building levees and reservoirs upon and leveling and checking certain lands owned by the latter and situated in the county of Madera. The services for which the plaintiff here seeks compensation were performed in pursuance of the terms of a written contract entered into by and between the parties to this action on the seventeenth day of January, 1920. The aid of a jury was invoked and a verdict returned in favor of the plaintiff for the sum of $10,071.69. Judgment was entered accordingly and from said judgment the defendant appeals.

The lands upon which the services were to be performed were, for the purposes of the contract, subdivided into three different tracts and designated in the agreement as Tracts One, Two, and Three. Tract One contains 100 acres, more or less; Tract Two 110 acres, more or less, and Tract Three 480 acres, more or less.

The provisions of the contract important to the present inquiry may summarily be stated as follows: That the work was to be done according to a certain diagram “on the plats…