Distefano

All of the parties to this litigation have appealed from the judgment in an action brought to foreclose a mechanic’s lien. In essence, there: are three ■ appeals * by plaintiff; by defendants Charles W.'Hall and Dorothea Fabian (hereinafter referred to as Hall); and by defendants Carl L. Dozier and Winifred Dozier (hereinafter referred to as Dozier).

Statement of the Case.

Plaintiff filed an action against Hall -and Dozier for the foreclosure of a mechanic’s lien upon certain real property. The complaint alleges that plaintiff, as a licensed general contractor, entered into a written contract with Hall and Dozier to furnish and deliver materials and perform labor in the construction of an apartment. house building; that he furnished labor and materials in the construction thereof to the value of $158,458.05, of which only $30,000 was paid, leaving a- balance due in the sum of $128,458.05; that said agreement provided for the payment of reasonable attorney’s fees in the event suit was brought to enforce its terms; that the sum of $5,000 is a reasonable attorney’s fee - and that a claim of lien was duly and timely recorded.

Dozier answered by way of general denial. Hall also…