Jones

The defendant appeals from the judgment and also from an order made after judgment denying his motion to set aside the judgment and render a judgment in his favor on the findings.

The complaint states a cause of action to recover the balance alleged to be due from defendant to plaintiff upon a contract for the construction of the plumbing, steam-heating, and ventilation plant in a four-story building erected by the defendant. The answer admitted the making of the contract, but denied that the same had been fully performed by the plaintiff, and also alleged that the performance was defective in many particulars, whereby he was damaged in a large sum of money, exceeding the amount claimed by the plaintiff, and also that certain damages had been caused to the building by the carelessness of the plaintiff in doing the work called for by the contract, whereby he was also damaged. He asked judgment for the amount of damages claimed in his answer. The same matters were also set up in a separate pleading designated as a cross-complaint.

The court found that the plaintiff had performed the work called for by the contract, except in certain particulars set forth at length in the findings,…