Covell

The action is to recover the reasonable value of labor done and materials furnished by plaintiff, at defendant’s request, in the building of a house for defendant, alleged to be $2,500, of which $560 are admitted to have been paid, and judgment is demanded for the balance, — $1,940.

The plaintiff recovered judgment for the sum of $423.15, with costs, but appeals from the judgment, on the judgment roll, and claims that upon the facts found by the court he is entitled to judgment for an additional sum of $187.15.

The findings show that there was a written contract between the parties for the building of the house by the plaintiff for the price of $3,250, but that the contract did not comply with sections 1183 and 1184 of the Code of Civil Procedure, and was never filed in the office of the county recorder; that plaintiff began the erection of the building and the furnishing of the materials therefor according to the terms of the void written contract, with the knowledge and consent and at the request of defendant, and continued the work during a period of about four and a half months, and then ceased to work before the building was completed, and thereafter did no more work and…