Weeks

Defendants and cross-complainants appeal from a judgment rendered against them as sureties, in an action to recover on a bond given to secure the faithful per formance of a building contract entered intp between plaintiff as owner and the defendant Weeks as contractor.

The complaint alleged in substance that plaintiff complied with all the terms of said contract, but that Weeks failed to construct or complete the building as agreed in that he used materials different from and of a grade inferior to those called for by the contract, plans, and specifications, and that he omitted to perform the work and labor according to the terms of the contract or in a good and workmanlike manner; that on account of the alleged breach plaintiff sustained damages for which judgment was prayed in the sum of $7,750.

Answering, the defendant Weeks denied the allegations of plaintiff’s complaint and alleged that the changes and alterations in the construction of the building of which plaintiff complained were made at plaintiff’s request. Appellants Stradley and Newton filed a joint answer wherein, besides denying the allegations of the complaint as to nonperformance by Weeks, it was alleged that at…