Kreipl

Action for damages for breach of contract. In a nonjury trial, the judgment was that plaintiff take nothing upon his complaint, and that defendant recover $2,000 upon its counterclaim. Plaintiff appeals from the judgment.

Appellant contends that the judgment was not supported by the evidence.

Plaintiff is an architect and general contractor. Defendant is a nonprofit corporation engaged in charitable, educational, and religious work.

On January 17, 1958, plaintiff and defendant entered into a written contract which provided: (in article 1) that plaintiff would furnish complete plans and specifications for, and would construct, an auditorium building for which the defendant would pay the total sum of $95,000; (in article 2) that the total contract sum shall be $95,000; (in article 3) that payments would be made as follows: at completion of the preliminary plans, $2,000; upon completion of working drawings and specifications, an additional $7,500, including a working capital of $2,000; at start of construction work, $10,000; during construction work, on the first of each month, such consecutive payments in amounts necessary to cover all labor and materials during such periods, but…