Deming

Appeals by plaintiffs in six actions to foreclose mechanics’ liens. The actions were consolidated by order of the court and judgment went in favor of the defendant Allen D. Butt, the owner of the property involved. The lien claimants appeal from the judgment and from an order denying a new trial.

On April 14, 1904, the defendant Henry C. Deming, as contractor, entered into a written contract with the defendant Butt, as owner, for the construction of a three-story and basement brick building, in accordance with certain plans and specifications. The contract price was $24,000, payable as follows: $2000 when the foundation and basement walls should be up and the first-floor joists laid; $2900 when the first-story walls should be up, the iron work up and the second-floor joists laid; $2900 when the second-story walls should be up and the third-floor joists laid; $2900 when the third-story walls should be up and the roof on; $2900 when the plastering was completed; $2900 when said building was completed, and $7500 thirty-six days after the notice of completion should be filed. The contract was duly filed in the office of the county recorder before any work, labor, or materials were…