Meigs
Meigs v. Bruntsch
Opinion
lead Opinion
Departmentmyrick, J.
This is an action to enforce liens in favor of plaintiffs for ma *602 terials furnished by them, in and about the construction of a house by defendant Boettger for defendent Bruntsch under a contract. The total amount of the liens claimed is $457.95, and " plaintiffs also ask judgment for $200 attorney’s fees, and $52 expenses of the liens. Plaintiffs had judgment for $29.95, without costs or attorney’s fees; plaintiffs moved for a new trial, which was denied, and they appealed.
After examining the transcript, we find that the contract price for erecting the building was $1,515; that $1,000 was paid as the Avork progressed; that the last payment, $515, was not made, because Bruntsch claimed that the building Avas not completed “in a good, workmanlike, and substantial manner,” as the contract required it should have been; that the $29.95, for Avhich judgment Avas rendered, Avas for extra Avork; that the substantial question submitted to the Court below, Avas whether the contract had been complied with on the part of Boettger, upon which the evidence vras conflicting; that the Court found “ Boettger never did construct or finish said building in a good and workmanlike or…