Shumway

Defendants appeal from a judgment in a suit for foreclosure of a mechanic’s lien.

Plaintiff entered into a cost-plus agreement with defendants for the construction of a residence, under the terms of which plaintiff was to receive as compensation ten per cent of the total cost of labor and material. On April 8, 1922, defendants Woolwine moved into and took possession of the residence, when some , of the fixtures were not installed and some of the interior decorating had not been completed by reason of the dampness of the walls. It was agreed the decorators would finish this work during the summer after the walls had dried out. According to the evidence, this decorating was an extra contract, the original contract providing for plain tinting only. Mirs. Woolwine testified that she contracted with the painters for the extra decorating. The installation of the fixtures was completed soon after April 8th, but the decorating was never completed, although the decorators offered to finish the work after plaintiff had filed his lien on June 22, 1922. No notice of completion was ever filed.

The complaint alleges completion of the work on April 8, 1922. The court found:

“That pursuant to…