Adams

This action was brought by J. F. Adams, the respondent, to recover from appellant the sum of four thousand seven hundred and forty-four dollars and sixty-four cents, with interest and costs, for work, labor, and services performed and materials furnished in the construction of a brick building in the city of Los Angeles.

It is conceded by the pleadings that on the first day of June, 1891, plaintiff and defendant entered into a written agreement, by the terms of which the former was to furnish the material, labor, and work, as specified in certain specifications and shown by the plans, for a brick building to be erected for defendant on Broadway and First streets, in the city of Los Angeles, for which plaintiff was to receive nine dollars and seventy-five cents per thousand, as per wall measure of twenty-one bricks to the foot, etc., to be paid by defendant at the rate of seventy-five per cent, as the work progressed; the estimates of the superintendent to be taken for the value of the work done, and his certificate to be given therefor. The residue to be paid upon the completion and acceptance of the work, and upon the plaintiff furnishing releases from all materialmen, or…