Crawford

Action to recover $500 for work, labor and services performed by plaintiff for defendant, and for $353.35 as a balance due for money paid, laid out and expended by plaintiff for defendant, and to recover interest on said two several sums. Defendant denied his indebtedness to plaintiff, and, by way of cross-complaint, set out that plaintiff was indebted to him in the sum of $1,000, for so much money by him (the said plaintiff) had and received to and for the use of defendant, and, in a separate count, *404 claimed a like sum of $1,000 on an account stated; and, in a third count, defendant claimed damages in the sum of $500 for the violation by plaintiff of a contract to superintend the erection and construction of additions and alterations to two certain buildings owned by defendant, and demanding judgment against plaintiff for $2,500. The cause was tried by a jury, and a general verdict returned in favor of plaintiff for $916.46, for which sum judgment was entered. The appeal is from such judgment and from an order denying a motion on behalf of defendant for a new trial.

Defendant was the owner of two buildings at the corner of Grove street and Van Ness avenue, in the city and…