Wessling

This is an appeal by the plaintiff from an order denying a new trial in an action to foreclose a mechanic’s lien.

The claim of lien was made and filed by Hubbs & Lear as original contractors and then assigned to the plaintiff. The contract upon which the claim of lien is founded is stated in the claim of lien to be, in substance, as follows:

Hubbs & Lear agreed with the defendant Faris to alter and repair a certain building or buildings on certain premises reputed to be owned by the defendant Wessling. By the terms of the contract, as stated in the claim of lien, “said Hobbs & Lear were to alter, reconstruct and repair said building or buildings as directed by said Joseph Faris, furnish all the labor and materials necessary therefor, and were to be paid the reasonable value thereof. No time of payment was agreed upon between the said Hubbs & Lear and the said Joseph Faris, and no time was agreed upon when said work should be completed.”

It was alleged in the plaintiff’s complaint and in the claim of lien that the reasonable value of the labor and material furnished and supplied in the performance of the contract was the sum of $1,915.81, of which the sum of $562.25, and no…