| Cal. | Jul 1, 1861

‘Cope, J. delivered the opinion of the Court.

Field, C. J. concurring.

We have examined the record in this case, and find no error for which the judgment should be reversed. The alterations in the plan of the building constitute a sufficient answer to any claim on the part of the defendant growing out of a failure to complete the contract within the time specified. The circumstances show very clearly a modification of the contract in' this respect.

Judgment affirmed.

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