Sourich

The plaintiff commenced an action against the defendant to foreclose a contractor’s lien. The defendant appeared and answered and also filed a cross-complaint. The plaintiff answered the cross-complaint and the case was tried before the court sitting without a jury. The trial court made findings of fact in favor of the defendant and from a judgment entered thereon the plaintiff has appealed, and has brought up a typewritten transcript.

Thomas A. Sourich was a contractor and builder. Prior to August 8, 1925, he had become seriously embarrassed financially. On the date last mentioned his wife Guiditta Sourich and the defendant entered into a contract by the terms of which Mrs. Sourich undertook to enlarge, alter and repair a building for the defendant. The contract price was $28,000. Immediately thereafter Mr. Sourich, as the agent of his wife, entered upon the performance of the contract. Apparently everything progressed well until November 13th, when Mr. Sourich was declared a bankrupt. On November 15, 1925, the plaintiff and the defendant stated an account and it was found that the plaintiff had earned $16,000, which was paid in full. About the same time the parties entered into…