Albertson

Action to recover upon two liens for labor and material furnished, in the construction of a building for defendant. The complaint set forth two causes of action, the first of which was settled and paid and need not be discussed. The second cause of action alleged that there remained due from defendant to plaintiff’s assignor, hereinafter referred to as plaintiff and appellant, the original contractor, a balance of #2,500 representing the unpaid portion of the contract price of $7,500 plus the reasonable value of extras furnished by plaintiff. Defendant filed an answer and also a counterclaim and cross-complaint, alleging damages in various amounts for the failure of plaintiff to complete the building within the agreed time and to settle claims for labor, etc.

Findings were waived by the parties and the trial court gave judgment decreeing among other things that plaintiff take nothing on his said second cause of action and that defendant take nothing by her counterclaim and cross-complaint. From that portion of the judgment so decreeing plaintiff has appealed upon various specifications of insufficiency of the evidence.

We find his contention to be without merit; hence a brief…