Sinnott

This is an appeal from a judgment in favor of the defendants and cross-complainants for the sum of $15,972 upon their cross-complaint against the plaintiff and the cross-defendant, Pacific Coast Casualty Company.

The action was one originally brought by the plaintiff against the defendants to recover the sum of $6,800.28, the alleged value of labor and materials furnished by said plaintiff to said defendants under a building contract- for the erection of a structure for said defendants at a cost of fifty thousand dollars. The plaintiff entered upon the performance of said contract and proceeded therewith up to a time when, according to his complaint, the first installment would be due and payable to him under his contract, and he alleges that after repeatedly demanding the payment of this installment so that he might be enabled to proceed with his work under said contract, but failing to receive any portion of the same, he abandoned work upon said building for that reason and gave notice of the rescission of said contract, and thereafter commenced this action in quantum meruit for the reasonable value of the work and materials supplied by him upon said building. The defendants…