Harshall

This action was instituted for the purpose of recovering judgment for the sum of $403, alleged to be due for personal services rendered by plaintiff for defendant.

The answer, in addition to denying the validity of the claim set out in the complaint, pleads a counterclaim^ alleging that the plaintiff is indebted to defendant in the sum of $427.65 for services alleged to have been performed by defendant for plaintiff at the latter’s “special instance and request.”

The cause was tried by the court and the plaintiff given judgment, from which and the order denying defendant a new trial this appeal is brought to this- court.

From the court’s findings, it is learned that the sum sued for is an alleged balance remaining unpaid for certain work done under a written contract by the plaintiff for defendant and for which the plaintiff was to receive the sum of $4,403, payable as. follows: Two thousand dollars when “one-half the work herein agreed to be done by said contractor shall have been fully completed”; $2,000 when all of said work shall.have been fully completed, and $403 “thirty-five days after the final completion and acceptance of said work and the filing, in the office of the…