Cowan

This is an action to foreclose a contractor’s lien for an amount alleged to be due the plaintiff for moving and remodeling a building belonging to the defendants Harry and Esther Herman. The defendant Security Trust and Savings Bank was made a defendant on the ground that it held a mortgage on the property, subject and subordinate to the plaintiff’s lien. Judgment was entered in favor of the plaintiff and the Hermans have appealed.

The complaint alleges and the appellants’ answer admits the execution of a contract for the doing of the work for the price of $1920. The complaint alleges that the plaintiff did extra work of the reasonable value of $251. The answer admits that there is due the plaintiff for extra work the sum of $14. The complaint alleges that the work was completed on the fourteenth day of August, 1926, and that the plaintiff duly filed his claim of lien on August 18, 1926. The answer denies that the contract was fully performed or completed by the plaintiff, specifying certain particulars in which appellants claim the work was incomplete and defective. The court found in favor of the plaintiff for the amount of the contract price and the admitted sum of $14 for…