Simmons
Simmons v. Firth
Opinion
Lead Opinion
Shaw, J.
In this action plaintiffs as original contractors sued to enforce a mechanic’s lien for an unpaid balance alleged to be due them upon a contract made with Emil Firth, pursuant to which they constructed a concrete reservoir at an agreed price of $5,995. The defendants other than Firth filed answers and cross-complaints whereby they sought judgment against plaintiffs, and the enforcement of liens upon the same property for materials furnished to plaintiffs as such original contractors for use and used in the construction of the reservoir. After a demurrer interposed by Firth to the complaint was overruled, he filed an answer thereto, which, among other things, contained a counterclaim against plaintiffs for a sum in excess of the amount of plaintiffs’ alleged lien, and also -filed answers to the cross-complaints. Upon the issues thus joined a trial was had which resulted in a judgment in favor of plaintiffs and against Firth for a balance of $2,259:61, which was declared a lien upon the property described in the complaint, all as prayed for therein, and gave judgment against plaintiffs in. favor of cross-complainants, payment of which was ordered to be made from the proceeds of the…