Wood

This is an appeal from a judgment for the plaintiff in an action to foreclose a mechanic’s lien.

The claim grew out of the construction of the Covell Hotel in Modesto. The plaintiff was employed by the general contractor to furnish the labor and materials to complete the mason work on the structure. The building was completed and accepted. No question is raised as to the due filing of the claim of lien.

The plaintiff based his right to recover upon a written contract between him and the defendant, Nelson, the general contractor, calling for a contract price of $7,000, and upon an oral modification of the written contract pursuant to which he alleged sums due aggregating $3,951.25. Payment on the foregoing sums to the extent of $7,964.82 was also alleged. The balance of $2,986.43, together with a filing fee of $1.80, was claimed to be due, owing and unpaid and to be a lien on the real property involved.

The trial court found the existence of the written contract. It also found that when the work had progressed to a certain point, the plaintiff and the defendant Nelson entered into an oral agreement for a modification of the written con tract; that the modification agreement…