Bard

In this action plaintiff sues to recover on an express contract for work and labor performed for, and materials furnished to, defendants. It seeks, further, to enforce a claim of lien against the premises benefited by such labor and materials. Judgment went for plaintiff against defendants and the case comes here on appeal by defendants.

The defendants Bard and Berkowitz are lessees of the premises owned by the remaining defendants, and the judgment was against the said lessees only, with decree foreclosing the lien.

There is no question presented involving the procedure as to the lien as separate from the judgment, nor is there any controversy as to the rights of the defendants in their separate capacities as owners or lessees. The questions raised concern the judgment; and for the purposes hereof it will be deemed that if the judgment should be affirmed, in whole or in part, the lien follows.

Plaintiff and defendants (Bard and Berkowitz) entered into a written contract, wherein the said defendants were described as owners and the plaintiff as contractor. The dispute between the parties involves certain charges made for extras under the contract. The original work specified…