Ross

This action is to foreclose a mechanic's lien, and the complaint sets forth two counts,—the first *69 for the recovery of $163.72, unpaid, under a contract for $525, and the second for recovery on a quantum meruit of a balance of $213.83, unpaid, of the stun of $567.55. Attorney’s fees for one hundred dollars, and costs, are also claimed.

The defendant Ross, in his answer, among other things, admitted the contract for $525, and claimed to have paid all he owed thereunder, and alleged another contract to have been made between the parties for $325, which included all of the work done and performed as to the second cause of action stated, and further alleged that the whole sum due the plaintiff by defendant, upon any ground, was the sum of $109.50, of which tender of payment had been made to and refused by the plaintiff.

The question as to what amount was due for all the work done was, by consent of both parties, upon a suggestion of the court, submitted to a jury, who, upon that special issue, found for the plaintiff in the sum of $289.15.

By inadvertence, the clerk entered up a judgment upon this verdict, when the other issues as to the existence of a mechanic’s lien, amount of…