Rubino

Frank Rubino and Norman A. Gulliekson, copartners doing business under the firm name and style *367 of Rubino and. Gulliekson, have appealed from a judgment denying them recovery in the amount of $973.40 in an action brought against the Curtis Creek School District to recover for alleged extra work under a contract. The appeal is on the judgment roll.

In July 1957, Rubino and Gulliekson entered into a written contract with the Board of Trustees of the Curtis Creek School District in Tuolumne County for the construction of a school plant and a playground for the sum of $354,170. The original plans called for the playground to be perfectly flat, but the plans were changed to provide for the playground to be sloped. The change order also called for a change in the design in the drainage system. The plans for the project required that the contractor construct a 24-inch ditch around the perimeter of the playground area. The contractors, in accordance with the requirements of the plans, constructed a “V’’-shaped ditch along the west side of the playground for drainage purposes. Beyond the west side of the playground a pump was installed and in order to facilitate crossing the ditch one…