Shelley

Plaintiff furnished and laid carpet upon certain floors in defendants’ dwelling house. One thousand dollars was paid to plaintiff on account, by defendants’ interior decorator. When, upon completion of the work, plaintiff’s bill for the balance due of $2,223.74 was presented to them defendants refused to pay it.

Plaintiff’s complaint was in two counts: First, for the reasonable value of the carpet; and, secondly, for the foreclosure of his asserted mechanic’s lien upon defendants’ real property.

As to the first count, the trial court found that defendants purchased the carpet from the interior decorator as an independent contractor and not from plaintiff; that defendants were billed for the carpet by the interior decorator and they paid him in full; and that plaintiff did not sell and deliver the carpet to defendants.

Then, notwithstanding the foregoing findings, the court found that $2,000 was the reasonable value of the carpet and that defendants were indebted to plaintiff in the sum of $1,000, “inasmuch as $1,000 had been paid to plaintiff” by the interior decorator. Judgment for plaintiff for $1,000 was directed in accordance with this finding.

No findings were made as to…