G.R. No. 1842. August 25, 1905

This action was brought by a contractor to recover the value of work
done by him for the defendant in the construction of a building for the
latter. There was a written contract between the parties, and the price
of the work was fixed at 5,500 pesos. Of this sum the defendant has
paid 2,837.50 pesos. The plaintiff claims that under instructions from
the defendant he performed certain other work and furnished certain
other material outside of the contract, for which he has not been paid.
One item was for 1,195.70 pesos, and the other for 1,444 pesos. The
defendant in his answer admitted making the contract, but denied that
he had ordered the extra work, and he presented a counterclaim for
damages caused him by nonfulfillment of the contract on the part of the
plaintiff.

The court below, in its decision, rejected the defendant’s
counterclaim. He rejected the item of extra work of 1,195.80 pesos
claimed by the plaintiff, and reduced the other item of extra work from
1,444 pesos to 540.09 pesos, and ordered judgment for the plaintiff for
3,247.48 pesos.

The defendant presented a motion for a new trial based upon the
discovery of new evidence, but he did not present any motion for a new
trial based on section 497, paragraph 3 of the Code of Civil
Procedure—that is to say, upon the ground that the findings of fact
made by the court below were not justified by the evidence. We can not,
therefore, review the evidence, but are concluded by the findings made
by the judge below.

All the errors which the appellant alleges that the court below
committed, relate to the weight of the evidence, and to nothing else.

The judgment of the court below is accordingly affirmed, with the
costs of this instance against the appellant. After the expiration of
twenty days judgment will be entered in conformity herewith, and the
cause will be returned to the lower court for execution. So ordered.

Arellano C.J., Torres Mapa, Johnson, and Carson, JJ., concur.