Boothe

Plaintiff by an amended complaint, sets forth two causes of action: First, an action on a written contract, dated April 9, 1898, at Los Angeles, to furnish to defendant a certain pumping outfit complete, near Johannesburg, California, including certain extra material in addition to that mentioned in said contract, also for board of man while engaged in erecting the plant, and alleges a balance of $793.31 to be due, with interest from August 15, 1898; second, that after the completion and acceptance of said pumping-plant, at defendant’s request, plaintiff “changed said plant by taking out the one O. M. A. deep-well puinp-head and otherwise changing said original plant so contracted for, and furnished the labor and material necessary for said change on or before November 11, 1898,” valued at $854.97, for which judgment is asked.

Defendant admits the execution of the written contract referred to in plaintiff’s complaint, denies that plaintiff erected the plant in accordance therewith, denies that the alleged change in the plant was made at defendant’s instance, and alleges that such changes were made by plaintiff at his own instance in an endeavor to make said plant comply with the.…