Collier

Action to recover a balance of $825 alleged to be due and owing from defendant to plaintiff on a written building contract; and also $50 for extra work. The cause was tried by the court. The judgment was in favor of the defendant. The plaintiff has appealed from the judgment and from an order denying his motion for a new trial.

By the contract the plaintiff agreed to repair an old house and to build a new addition thereto to be attached to it. The old house was to be turned partly round, removed from its old foundation, and placed on a new brick foundation, to be laid by plaintiff under both the old house and the new addition. The plans and specifications of the work to be done upon both the old and the new parts, to which the contract referred, are ordinarily minute. The defendant agreed to pay for the whole work $1,325, by installments as follows: “Old part placed in position, $200; foundation in and frame up, $300; inclosed and roof on, chimneys up, and the building completed according to agreement and specifications, $300. Balance to be paid on completion of *258 work, if not otherwise agreed upon by both parties hereto.”

As the work progressed the first two installments…