Wilson

This is an appeal from a judgment against the defendant A. Mattei for the sum of $3,026.66 for labor and materials furnished.

The complaint was drawn in three counts. The first clause of action was based upon an alleged open book account; the other two causes were stated upon the common counts for the reasonable value of materials furnished and labor performed incident to certain contracts which were not set up in the pleadings.

The appellant seeks a reversal (1) because the contracts required all extra work to he previously authorized in writing by the architect, (2) the contracts provided that all disputes concerning extra work must be submitted to arbitration as a condition precedent, (3) that the contracts author ized the architect and the engineer to settle all disputes regarding the meaning of the plans and specifications, (4) that the findings are uncertain and contradictory, and (5) that the court failed to find on material issues.

Plaintiff's assignor entered into two separate contracts with the defendant A. Mattei, one for the construction of a building on defendant’s lots in the city of Fresno, and the other for the installing of a heating plant in that same…