PATROSSO, J.
The complaint in this action is in three counts, but as the second was dismissed by plaintiffs upon the trial, it may be disregarded. The first count alleges: "That on or about the 26th day of Feb. 1952, the plaintiffs and the defendant entered into an oral contract in the City of Los Angeles, County of Los Angeles, State of California, whereby it was agreed that plaintiffs order and pay for certain plumbing, electrical, concrete and miscellaneous construction...
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