Morel

The plaintiff brought this action to recover the sum of $865.70 alleged to be the balance due on a building contract and to foreclose a mechanic’s lien on the property upon which the building was erected. The action was dismissed as to all of the defendants other than Lionie Berthe Bal Simonian. The court entered judgment in favor of the defendant and the plaintiff appeals.

It appears from the court’s findings of fact that plaintiff and defendant entered into a contract by the terms of which the plaintiff agreed that for a consideration of $2,400 he would build, in accordance with plans and specifications adopted by the parties, a dwelling-house and garage upon the premises described in the complaint and upon which he seeks to foreclose his lien. The court further found that plaintiff did not substantially perform the contract and that the building has never been completed in accordance with the plans and specifications and has never been accepted by the defendant. It is further found that the defendant has paid on said contract the sum of $1800, and because of the plaintiff’s failure to construct the building according to the plans and specifications and in a workmanlike manner,…