Finn

In an action to foreclose a mechanic’s lien plaintiff had judgment, from which defendant has appealed.

The notice of lien filed sets forth two separate and distinct contracts under and in accordance with which plaintiff, as therein stated, performed work and labor in superintending the installation of plumbing fixtures in a building which defendant, as owner, was constructing.

By the complaint each of these contracts is made the subject of a separate cause of action. In the first count thereof it alleged that defendant, through its duly authorized agent, made a contract with plaintiff to superintend the installation of all “rough plumbing and plumbing proper in the building of the defendant ... at all times during its construction and until its completion,” which “said plumbing is and shall be known and referred to herein as the original contract work”; that the building is a laundry building and, in addition to the plumbing and pipe-fitting aforesaid (that is, “rough plumbing and plumbing proper”), has installed in it plumbing fixtures, supply and waste-pipes; system of piping to and from laundry machinery for hot and cold water; for treated and untreated water; high and low…