Hill

This is an appeal from a judgment, the evidence taken at the trial being presented in a bill of exceptions.

The action was one brought by plaintiff to foreclose a lien-on account of certain work and labor performed in grading a tract of land under a written contract with defendant, the owner. This contract specified the exact lines of grade to which the premises should be brought, and for which work the plaintiff was to receive $1,000 upon completion. Upon the-trial the plaintiff did not show that he had complied with the contract in any manner other than as required by his construction thereof, which was that, when he had taken, off the earth from the high places and with it filled in the low places to the extent of the material within the lines of the-work, he had done all that was required of him by the contract ; and the court permitted plaintiff, under objections, to introduce testimony tending to show that the word “grade,” as used in the contract, had by the custom of business no-other construction than that given it by plaintiff; that by the use of the word “grade” in the contract it was never intended to require that dirt should be hauled from the outside.

At the…