Bryant

This is an appeal by defendant from a judgment for one hundred dollars and an order denying his motion for a new trial.

The amended complaint alleged substantially as follows, viz.: Plaintiff L. U. Bryant and defendant entered into a contract, whereby defendant agreed to convey to her by “good and sufficient deed of grant the title" to a lot of land, and to complete the construction of a building and other improvements which he was then engaged in constructing on said lot, for the total sum of one thousand dollars, five hundred dollars thereof to be paid upon delivery of the deed, and five hundred dollars upon the completion of the building and other improvements. Defendant delivered the deed, and said plaintiff thereupon paid him six hundred dollars, and defendant quit and abandoned the work, and failed and refused to finish the same. At the time he quit work, certain specified work remained to be done. By reason of the failure and refusal of defendant to complete said work, said plaintiff, “in order to preserve said building from destruction by the elements and to place it in the condition that said defendant promised and agreed to place it in, was compelled to and did furnish…