Kuhlman

It is alleged in the complaint in this case that between the twenty-sixth day of March and the twenty-ninth day of September, 1894, plaintiff furnished for defendant, and at his request, materials and *470 labor for the construction of a three-story brick building in the city of Sacramento, and that the balance remaining due and unpaid for the reasonable value of such materials and labor is the sum of fourteen hundred and fifteen dollars and thirty-seven cents, for which judgment is asked with interest. The answer denies all the allegations of the complaint, and alleges that during the year 1894 defendant employed plaintiff as a mechanic to do certain labor in and upon the premises described in the complaint, and that he paid to plaintiff all the money agreed to be paid to him on that behalf, and is not now, and has not at any time since the completion of the work by the plaintiff on said premises been, indebted to him in any sum whatever.

The court found the value of the materials and labor, furnished by plaintiff for defendant in the construction of the said building, and the amount paid by defendant on account of such materials and labor, leaving a balance of fifty-four…