Cotton

In the above-entitled action the cross-complainant, Cecil R. Cotton, doing business as Cotton Construction Company, sought to recover the balance claimed to be due to him under a contract involving the construction of a school building. At this time there are pending four different actions now on appeal in this court, as follows:

*880 No. 6905, in which Cotton Construction Company was plaintiff and Imperial Valley Union High School District et al., were defendants.

No. 6906, in which Cecil R. Cotton, d.b.a. Cotton Construction Company was plaintiff and Imperial Valley Union High School District et al., were defendants.

No. 6907, in which Cecil R. Cotton, d.b.a. Cotton Construction Company was plaintiff and Imperial Valley Union High School District et al., were defendants; and the action herein.

In each of these actions Mr. Cotton sought recovery for balance due him as contractor in connection with a construction of school buildings.

On May 26, 1959, an order was made in the superior court by which' these four actions were consolidated for trial. It was further ordered that Victor A. Gillespie, an attorney at law, was appointed referee to hear the evidence and to file his…