Hutchings

Plaintiff sued to foreclose a mechanic’s lien for labor and materials. The defendant answered and set up a counterclaim for damages for failure to complete the work according to the written contract. Before the action came to trial plaintiff commenced an independent action upon a promissory note which had been given by defendant as part payment on the contract. To the complaint in this action the defendant also set up a counterclaim and asked that the note be canceled. During the progress of the trial of the first action the parties stipulated that the two might be tried at the same time and upon the same evidence. This was done and separate findings and judgments were entered. In the first action the trial court found that because of plaintiff’s failure to complete the contract in accordance with its terms defendant was entitled to judgment for $128.33. In the second action judgment went for the defendant for costs. The plaintiff has appealed from both judgments upon a single notice of appeal and presents the appeal on a typewritten transcript.

Nothing is to be gained by stating the facts of the case other than to say that the trial involved an accounting between the parties as…