Battersby

Action to foreclose an original contractor’s lien. The complaint alleges in substance that on the thirtieth day of September, 1922, .plaintiff and defendant entered into an agreement in writing under the terms of which plaintiff agreed to furnish the material and erect a building on property owned by defendants. The contract price was the sum of $1,497.20. With reference to the time payments that were required to be made the contract contained the following provisions: “the party of the first part, agrees to pay the party of the second part upon the presentation of receipted bills and the balance thirty-five days after the completion of the contract and the work herein specified.” The building was completed November 13, 1922, and no partial payments having been made, the entire contract price became due 35 days after completion. Plaintiff filed his claim of lien on December 15, 1922, and an action to foreclose the same was instituted by him January 18, 1923. At the trial defendants claimed that they had paid plaintiff the full amount of the contract price; that the same was paid in bills except the sum of $3.70, which was paid in silver. They had no receipt for the payment and…