Schmohl

By contract between the parties the plaintiff agreed to furnish and install all material and labor necessary to put in place all ornamental plaster and staff work according to plans and specifications on file for the Southern Counties building on the exposition grounds at San Diego. Under the head of “Ornamental Plastering” in the specifications, it was provided that “the tops of all parapet walls, cornices, belt courses and the washes of all mouldings, sills, etc., shall be waterproofed with one (1) coat of Toch Brothers R. I. W., in which shall be imbedded one (1) thickness of coarse muslin and then covered with another coat of R. I. W.”

By this action the plaintiff seeks to recover the sum of $653.70 as the balance claimed to be due on the contract. At the trial it was stipulated that the work described in the foregoing quotation from the specifications was not performed by the plaintiff; that if by the terms of the contract the plaintiff was obligated to do said work, then the defendant would have been indebted to the plaintiff by reason of the contract in the sum of $15.96, and that if the plaintiff was not by reason of said contract obligated to perform said work, then the…