Griffith

— Appeal from the judgment, and the case comes up on the judgment roll alone, appellant claiming that the findings of fact are such as entitle him to judgment, and that the court erred in its conclusions of law, and in rendering judgment on the findings for defendant.

The complaint is in indebitatus assumpsit, for the recovery of $2,050, for work and labor done and materials furnished. The answer denies the allegations of the complaint, and then sets up, as a further defense, that all the work and labor done and materials furnished for or to the defendant by plaintiff were done and furnished under a special agreement in writing, and that plaintiff has not performed the agreement on his part, and he is *609 not entitled to any further compensation thereunder. Defendant then, by way of counterclaim and cross-complaint, sets out the substance of the agreement, and alleges divers failures on the part of plaintiff, by reason whereof he claims to have suffered damage in the sum of two thousand dollars, for which he prays judgment against plaintiff. There was an answer to this cross-complaint, and upon the issues thus framed the case was tried before the court without a jury.

The court…