Perry

This is an appeal from the judgment and upon the judgment-roll.

The complaint shows that plaintiffs own a described tract of land; that on the 21st of January, 1887, they entered into a contract with the defendant, whereby defendant agreed, in consideration of the sum of three thousand dollars, to construct and build a house on said lot. As part of said contract plaintiffs executed and delivered to defendant their promissory note for the sum *303 of three thousand dollars, and a mortgage to secure the same on the described real estate. The note and mortgage are recited at length in the complaint.

Thereupon the defendant commenced the construction of the house, but in building the same did not furnish the quantity and quality of materials provided for in the contract.

That he did not construct said building in a good and workmanlike manner, and did not construct the building according to the contract, and has not performed his agreement.

Plaintiffs specify as defects:' He agreed in the construction of the foundations to use good, hard brick and lay seven courses,«and to construct twelve piers of brick laid in six courses. In violation of the agreement he used old, second-hand…