Zachary

This is an appeal by the plaintiffs from a judgment in favor of the defendant Chapman. The appeal is taken upon the judgment-roll alone. Two causes of action are stated in the complaint. The first is to foreclose a mechanic’s lien; the second is in quantum meruit. In the first count it is alleged that the plaintiffs and defendant Chapman entered into a contract by the terms of which, for a consideration of $247 to be paid to them by the defendant, the plaintiffs agreed to furnish, lay, scrape, sand and finish complete, the hardwood flooring in a residence then being erected for the defendant. It is further alleged that plaintiffs have fully performed all of the terms and conditions of said contract to be performed by them, but that the defendant has failed and refused to pay said sum of $247, or any part thereof. The second count of the complaint alleges the reasonable value of said materials and labor to be the same in amount as the contract price. The answer of the defendant Chapman admits the making of the contract, and also admits the nonpayment of the contract price, or any portion thereof. The answer further alleges that the contract provided that plaintiffs were to furnish…