Gray

The plaintiff, as assignee of G. P. Gray and H. N. Gray, partners doing business in the city and county of *13 San Francisco under the firm name of Gray Bros., brought this action to recover the sum of three hundred and sixty-four dollars and ninety-six cents alleged to be due and unpaid for work and labor performed and incidental materials furnished by said Gray Bros, to defendant at his special instance and request.

The answer denied the. alleged indebtedness, and as a separate defense alleged “that on or about the 6th of April, 1894, the firm of Gray Bros., mentioned in the amended complaint herein, entered into a contract with this defendant, by the terms of which the said firm agreed to construct a concrete bulkhead, sixty-eight feet nine inches long, ten feet high, and averaging eighteen inches in thickness, in the rear of defendant’s property, No. 2118 Pacific avenue, in said city and county of San Francisco, for the total sum of two hundred and fifty dollars, and to use blue-trap rock and Gillingham cement in the construction of said work, and guarantee it for five years against all defects that may arise through fault of workmanship or material used, and guarantee the…